Will & Trust Attorney
Your last will and testament should reflect the unique life you led. Each person has different wishes and concerns for what follows their death, and our professional attorneys create a plan that accommodates you. Perhaps you need to name a business successor, transfer land that's been in the family for generations, or appoint a caretaker for your dog. Whatever your wishes may be, we'll help you create the necessary legal documentation to see them fulfilled.
- Wills
- Testamentary Trusts
- Living Revocable and Irrevocable Trusts
- Living Wills and Advance Directives
- Durable Powers of Attorney for Health Care and Finance
- Business Succession Plans
- Probate Administration
The Difference Between Wills, Trusts, Powers of Attorney
Last Will & Testament
Your will is the legal document that outlines your final wishes. This usually includes who will handle your estate, how taxes and debts should be paid, naming guardians of minor children, asset allocation, and distribution of property. Your will is read by the county court after your death.
Living Trusts
A trust is a legal document that allows a third-party "trustee" to hold assets on behalf of your beneficiaries. This is used to keep your information private, avoid probate court, and speed up the distribution of your assets like property, land, stocks, bonds, and bank accounts.
Powers of Attorney
A power of attorney is a legal document that appoints another person to act on your behalf. A durable power of attorney allows another person to represent you in financial, legal, or business matters. A health care power of attorney appoints a representative to make your health decisions.
Everyone Needs a Will
If you die without a will, you simply leave it in good faith that the state will carry out your last wishes. Writing a will allows you to designate a specific person or "executor" to ensure it is carried out. Rather than the state determining how to distribute your assets to relatives, you can specify exactly which loved ones and friends are your beneficiaries.
Your last will and testament provide specific direction for the things that matter most. Transfer your assets to close friends instead of an estranged family. Appoint guardians for minor children and caretakers for your pets. Or, leave a legacy to nonprofit organizations that matter to you.
Your last will and testament provide specific direction for the things that matter most. Transfer your assets to close friends instead of an estranged family. Appoint guardians for minor children and caretakers for your pets. Or, leave a legacy to nonprofit organizations that matter to you.
- Appoint an executor to ensure your affairs are settled per your wishes.
- Specify how you would like your property and assets to be distributed.
- Ensure children and/or pets are taken care of after your death.
Benefits of Establishing a Trust
Even with a will, your loved ones must wait on the court for your affairs to be settled. Your accounts are frozen until new ownership can be proven, and the probate process can be long and expensive. When you establish a living trust, it goes into effect immediately. Upon your death, all of your assets in the trust are distributed to your beneficiaries in a timely manner.
A trust can be utilized to set up a timed disbursement of an inheritance, which is beneficial for minor children or children with special needs. Additionally, having a trust means your will does not need to be read in court or entered into the public record — so your affairs remain private.
A trust can be utilized to set up a timed disbursement of an inheritance, which is beneficial for minor children or children with special needs. Additionally, having a trust means your will does not need to be read in court or entered into the public record — so your affairs remain private.
- Ensure your bank accounts are accessible without interruption.
- Ease stress on your loved ones by avoiding court systems and fees.
- Keep your personal affairs private and away from public records.
Working With a Will & Trust Attorney
Meet With an Attorney
Discuss your wishes with our attorneys. We'll ask questions to help you identify what matters most to you.
Approve Your Documents
We'll create a plan that is specific to your needs and draw up the appropriate legal documents to be signed.
Enjoy Peace of Mind
Working with our will and trust lawyers confirms your will is legally valid and your wishes will be observed.
Frequently Asked Questions
Can you write a will without an attorney?
You can write a will without an attorney, but there is a chance it may not be valid in court. Each state has different requirements as to what makes a will legally binding. We always recommend working with an attorney for such an important document so that you'll have peace of mind.
What makes a will legally binding?
Your will must meet certain criteria to be admitted to court:
- You must be of sound mind when writing the will
- You must be acting without influence from others when writing the will
- The will must be signed and witnessed according to state law
What is probate?
Probate is the legal process that occurs when your estate is distributed. If you have a will, your estate passes to your beneficiaries. If you do not have a will, state law determines who receives your estate. If you have established a trust, your estate does not go through the probate process.
Can I change my will after it's signed?
You can make changes or amendments to your will, but they must be witnessed and signed. Making changes without a signed witness could invalidate your will.
You can also revoke your will at any time before your death and state in your new will that all prior documents are no longer valid. This is often more straightforward than amending your will.
You can also revoke your will at any time before your death and state in your new will that all prior documents are no longer valid. This is often more straightforward than amending your will.
What should I do with my will after it's signed?
You should keep your will in a safe place and inform your loved ones that it's been written. If you store your will in a safe or bank deposit box, be sure your executor has access to it.
What happens if there is no will or trust?
If you do not have a will at the time of your death, the probate court determines what happens to your assets. The legal term for dying without a will is dying "intestate." Probate will distribute your assets to beneficiaries determined by state law. If you have no surviving beneficiaries, your estate passes to the state.