Tuesday, November 29, 2011

Creating a Successful Will Requires Professional Help

A will often creates more problems than it solves. With a will, probate is involved, the information is made public, and legal challenges to the will's provisions are common. Estate planning is meant to simplify the transfer of assets, and typically the creation of a trust is a superior method of saving taxes and streamlining the process to distribute assets quickly and seamlessly.

In estate planning, there may be limited situations where a will might still be appropriate, though, depending on the age of the individual and their assets. No matter if a will or a trust is created, it is vital to have professional help in the creation. While do-it-yourself projects can produce a large return on investment for home improvements and car maintenance, it is not the same with financial planning. When professional help is not sought and a will is self-written, it is only at the moment when the document is needed to work that its flaws come to light. At that point, there is no going back.

As Forbes recently explained in "The Case Against Do-It-Yourself Wills," when done without experienced aid, wills are often filled with errors. For example, common mistakes include failure to sign the will, not updating it, or adding amendments improperly -- all of which can nullify the document. Without the guidance of professionals, imprecise wording is often used. It is much harder than many suspect to craft legal documents with language that is void of any ambiguity. Without the author present, vague language will be easy to misinterpret. Estate planning lawyers are well versed in crafting legally precise terms in standard language that doesn't equivocate.

Besides making sure one's specific intentions are explained without ambiguity in the will, a legal professional can also ensure that important issues are incorporated into the document. When drafting a will on their own, many community members fail to consider important issues. What happens if an heir dies first? What happens when an asset distributed in a will is no longer owned when the will is executed? Who is responsible for paying the expenses on certain assets, like a house? A professional experienced in these matters can bring up these and many concerns that may need to be considered when going through the drafting process. This is particularly important in more complex situations, such as with blended families. The attorneys and staff at The Greening Law Firm, P.C. are always ready to discuss what planning is best for you and your family.  We stand ready to serve you.

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