3 Things Every Will Attorney Wants You To Know

BusinessLegal

  • Author Kerry Peck
  • Published May 30, 2011
  • Word count 545

Disclaimer: This article is not intended to provide legal advice or legal representation. Only a consultation with a lawyer can provide specific guidance for your situation.

Most Americans know that to ensure their assets are divided to their specifications, they should create a testament. Many of them even take that step, although there are millions who have not. Whether you have created your document, are just beginning the process, or are sitting somewhere in between, these three tips from a will attorney might help guide you away from some of the most common pitfalls that lawyers see every day, including some that eventually require a litigation attorney to resolve.

It Is Never Too Early To Draft Your Will And Track Your Assets

The moment you obtain assets, you need to start thinking about how you will divide them. Moreover, you need to account for them and preferably keep all the information in one place as soon as you can. Although it is a tragic fact, even the youngest individuals can meet an untimely end, and a young person with assets but no will creates further hardship for his or her family. Young people may have an even more complex division of assets than older individuals depending on state law, and may require a will attorney just to help figure out the specifics.

Tracking your assets is a help to the executor of your estate. As you become older, your finances grow more complex to the point where they may become nearly impossible to untangle. Leaving a detailed testament with legal guidance will determine where your different assets should go, but if deeds and such cannot be easily located, that testament might prove quite difficult to carry out.

Not Hiring A Will Attorney To Draft Your Testament Is A Big Risk

In the internet age, there are many ways to get your will done online. While some sites may provide a decent level of service, none can match what you'd get from a live lawyer. A will attorney can customize the document to your specific needs in a way that no computer can. As a result, the document has more clarity and is more aligned with your exact wishes. When you complete the document online, it's much more likely that a litigation attorney will need to get involved and a court battle will ensue.

Keeping Multiple Copies On File Is A Good Idea

Most Americans keep one copy of their will in a location that they believe is safe and call it a day. There are many problems with this, ranging from logistical to legal. Maintaining one copy puts that copy at risk from damage, or simply from aging over time. In addition, that one copy makes it more difficult to determine whether or not it's an authentic document. If there are many copies of the testament in existence, it's much harder for a future litigation attorney to argue that the document you signed was in fact invalid for any reason.

If you have any questions about the process of creating a will and testament, you should not hesitate to contact a legal professional. He or she will give you guidance about your particular situation and help you ensure that your wishes will be carried out.

Kerry Peck is a will attorney in Chicago and managing partner of Peck Bloom LLC. As a practicing litigation attorney in Chicago, Mr. Peck enjoys sharing his knowledge about the law for the public good.

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