Do you need to hire an attorney when creating a will? While online templates and videos are available to help you draft a will without hiring an attorney, the short-term savings for you could cost your loved ones time and money in the long term. A wills attorney provides the years of knowledge and experience necessary to prepare your final documents.
The following are key reasons to hire an attorney when drafting a will:
1. To Ensure that Your Will Is Legally Binding
A poorly prepared will can be worse than no will at all. While a will that you draft yourself could be legal, a thorough review by an attorney will ensure that your will holds up in court. North Carolina sets strict statutes for probate, and they are constantly changing. If you use an outdated template, it may not meet state requirements. Template makers and the authors of online advice articles can overlook statutes, leading to you accidentally leaving out critical information. A wills attorney will avoid these and other common mistakes, using the right clauses and verbiage to ensure your will is legally binding.
2. To Address All Components of Your Estate
A will ensures that your assets are distributed to the individuals you select, but it’s about more than just bequeathing property.
● A will names the executor of your estate, i.e., the person who will manage transferring assets to your heirs.
● A will designates guardianship of minor children.
● A will ensures that your specific wishes are carried out upon your death.
A wills attorney will ask the right questions and work with you to ensure you’ve considered everything.
3. To Reduce Your Loved Ones’ Burdens
A knowledgeable, experienced attorney can explain strategies for reducing loved ones’ tax burdens and the burdens of administering your estate. Attorney fees will vary depending on your location and your family’s needs, but the average cost of will preparation isn’t high. It’s a cost-effective way to leave assets to your loved ones. Furthermore, while a will won’t guarantee that your estate avoids probate - the legal process of transferring assets to the rightful individuals - without a properly prepared will, loved ones may wait up to two years for their inheritance. Hiring a wills attorney now could save time and money for your loved ones later.
4. To Navigate Complex Family Dynamics
If you were previously married or have children with someone other than your current partner, an experienced lawyer can help you navigate these complexities. Estate planning lawyers make arrangements for these types of unique situations and can help you update your will if your circumstances change. A probate attorney can also set up a more complex plan such as a trust. A good lawyer ensures that your assets will be distributed to the right individuals and reduces the risk of a will being contested. If an issue does arise, an attorney can aid in the legal proceedings and go to court on your estate’s behalf.
5. To Protect Your Own Interests
Documents accompanying a will can go into effect before you pass. For instance, a healthcare power of attorney grants a designated person the authority to make medical decisions on your behalf. Similarly, a financial power of attorney allows a third party to manage your finances if you cannot do so yourself. Life is unpredictable. Protect yourself by creating both of these documents with the help of an attorney when drafting your will.
Wills, probate law, and situations surrounding them can be complicated. Minimize the risk. Make sure that your will is valid and meets your needs. Communicating your wishes to your family isn’t enough - courts need it in writing. A sound, accurate will prepared by an experienced attorney is the best way to protect your assets, your loved ones’ security, and your own best interests.
Contact Daniel L. Hawkins, PA, today to speak with an experienced wills attorney serving Burlington, NC and the surrounding areas.