A last will and testament often referred to simply as a will, is a document that spells out your wishes regarding how you want your estate settled upon your death. A will is filled out while you are still living, and in this document, you can specify how you want accounts, funds and property to be split and/or dispersed after your passing.
Why a Will Matters
Having a will is vital for several reasons, but perhaps one of the biggest reasons to contact a wills lawyer and have this document drafted is because it keeps your estate out of probate court. When someone dies without a will, a probate judge must decide how to split up property and accounts left behind.
This process may be simple, such as in the case of a sole surviving heir, but it can also get very complicated when multiple entities claim property and funds. With a will in place, the probate process is relatively straightforward as it just requires that the existence of a will be certified. The executor of your estate then takes over and handles everything from there.
A Will Keeps the Peace
As a side benefit of keeping your estate out of probate, a will can help keep the peace. When you contact a wills lawyer to have a will drafted, you can specifically spell out all the details about how you want your estate executed after death. This means that your will is your final word and those left behind are less likely to squabble or get into messy court battles over property, accounts or funds.
Without a will in place, family relationships and friendships often get torn apart as people begin to turn greedy. Someone you know and love may decide that they are owed something from you upon your death, and as a result, they may take legal action against those around them if a probate judge assigns property to someone else. With a will in place, there is no questioning or argument to be had since the will is the legal contract everyone must follow.
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Mark writes often about estate planning. His articles may include topics like real estate closing attorney and business succession laws to help the people in needs. You can find his thoughts at real estate law blog.