When you are creating a will, sometimes it seems difficult to know where to start. You want your will to be comprehensive and complete and you want it to accomplish its intended purposes of protecting heirs or beneficiaries. You also want to make certain that your will is enforceable and that you reduce the chances of it being contested and your wishes being challenged.
The Law Offices of James A. Miller, P.C. can provide you with assistance creating a will so you can make the type of will that you need. Our legal team can also provide you with advice on other estate planning tools that you may wish to use instead of, or in addition to, a last will and testament. This is important since a will may not actually be the best estate planning document for you or may not be the only estate planning tool you need. To find out more about how we can help with creating a will, give us a call today.
5 Tips for Creating a Will
If you are going to be creating a will, these five tips can help you:
- Make sure you follow state law for creating a legally valid will: There are different rules in different states for creating a legally valid will. Among other things, these rules relate to witnesses when singing the will. If you live in the state of Massachusetts, you should follow the requirements for making a legally valid will within the state.
- Determine whether your estate will be subject to estate tax. The state of Massachusetts charges taxes on larger estates, as does the Internal Revenue Service (IRS). You should find out whether your estate will be subject to tax based on its value. If your estate is going to be taxed, you may wish to work with an estate planning lawyer to try to find ways to reduce or avoid taxation.
- Consider the special needs of beneficiaries: Your heirs or beneficiaries may have special circumstances that make it impractical for you to simply make a direct transfer of assets to them in your will. For example, if you just leave money to a minor who is under 18, the court could end up having to name a guardian for the money. If you leave money to an heir who has special needs, you could cause disqualification from important means-tested benefits. If your heirs or beneficiaries have special circumstances, you need to talk with an experienced attorney about the appropriate legal tools you should be using to leave them an inheritance.
- Make certain your will is comprehensive: You want your will to provide information on exactly who should inherit and exactly who different assets should transfer to. You should work with an attorney to ensure that the language is understandable and that you’ve addressed important issues. You may also want to ensure your will addresses a wide variety of important issues like who should take care of your pets when you pass away or who should become the guardian of your minor children if you pass away before they become adults.
- Get help from a wills and trusts lawyer: Getting help from an attorney can be the single best thing that you do when you make a last will and testament, as your lawyer can provide invaluable assistance with the entirety of the process of making a legally valid and enforceable will. Your lawyer can advise you on what to include in your will, can help you to draft the will, and can assist you in making certain that your will is enforceable under state law.
Following these tips is helpful, but this is just the start of what you may need to know in order to create a legally valid and enforceable will. You want to make certain that your will is completed correctly and provides the protections for heirs or beneficiaries that you expect. The Law Offices of James A. Miller, P.C. can provide assistance in making that happen.
Getting Help from A Worcester Estate Planning Lawyer
A Worcester estate planning lawyer can provide assistance with the process of creating a will and can help with making use of other estate planning tools. To find out more about the components of a comprehensive estate plan, download a free estate planning worksheet .
You can also give us a call at 866-370-3888 or contact us online to speak with an experienced attorney who understands the ins-and-outs of estate planning and who will help you to make a plan that makes sense for you and your loved ones. Call today to get started.
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