How A Probate Lawyer Can Help You Have Your Wishes Honored
When you write a will, you will need to make sure that you follow the rules of your state so that you write what is considered a legal will. Otherwise, you may find that your will cannot be enforced or you may not end up getting what you want. Fortunately, there are probate law services that can help you with this.
Why Probate Law Services
The primary role of a probate lawyer is to assist the executor of the estate in managing the probate process. However, you may also receive help from a probate law service with estate planning if you are drafting your own will.
Requirements for Creating a Will
Generally, to create a will, you will need to be at least 18 years old. In some states, you may be able to create a will if you are married. The form that the will can be in varies from state-to-state. While all states, you are allowed to type out your will, you may also be able to write it by hand or create a video will. Find out if you will require any witnesses when creating your will. The number of witnesses, who they are allowed to be, and whether you'll need a notary can vary from state to state.
What Happens When There are Mistakes in the Will
Fortunately, the law is designed to provide remedies for family members when there is an honest mistake made in the will. If a loved one is able to provide clear and convincing evidence that a mistake was made in one of the documents that goes against your intentions, the courts might have a remedy. However, if there is evidence of fraud, the courts might impose higher standards of evidence.
The Executor
You must name an executor of your will and the executor who you name is crucial. The executor is responsible for paying down any debts that you owe. Then, your remaining estate will be distributed to those who you named in your will. You could make the executor a financial or legal professional but this does not have to be the case.
What's most important is that the executor be someone who you trust. Also, if there is a reason why you believe the executor can no longer serve in her capacity, you will need to change your will. A probate law service can also help with various situations such as having the property appraised. Therefore, the probate law service can help you have your wishes honored.
