Often, we gets calls from prospects finally taking the proactive step of asking an estate planning attorney about a will. These people have heard from friends, family and professionals over the years that they need a will. Sometimes these folks just think they need a will; they usually do not know why.
A simple will is largely a thing of the past. While wills continue to be utilized by estate planning purposes, most individuals utilize a trust package for their estate planning needs. A simple will does not avoid the probate process. For example, if you leave your estate to your children, and your estate contains a house, building or other real property, then you have ensured that your children will need to probate those assets in a county probate court. You may not have intended to do this. The probate process causes delay, involves a judge, and often requires attorneys -with their attendant costs- to get involved.
There is still a role for a simple will in the modern estate plan. If a person has no assets to probate, but they have burial wishes, or specific bequests of personal property, a simple will remains adequate to accomplish these simple goals.
If there is property of any significance, however, then a complete trust package should be considered. Even a full compliment of estate planning documents in a trust utilizes what is known as a pour-over will. This type of will ensures that if any assets are not re-titled into the name of the trust, they are nevertheless covered by this will.
One of the more common purposes of the modern will is to set forth burial instructions. Do you wish to be cremated or buried; what type of funeral service do you desire; do you even want a service in your honor, or would you prefer to be buried privately; do you want to ensure that your body be donated for a specific purpose. These matters are best handled in the specific provisions of your will.
The drafting of a simple will is perhaps one of the least complicated and most basic forms of legal advice. Accordingly, the fee for this service is very low. To better explore your estate planning options, contact our law firm for a fee estate planning consultation.