Other topics include an overview of inheritance law, information about challenging a will, a discussion of living wills, and a list of important factors for married couples to consider. Wills wills and estates perhaps the most common and well-known form of estate plan.
A valid will allows a person to designate how his or her estate is distributed and otherwise managed upon his or her death. In most circumstances, a person who creates a will can feel secure in knowing that the will’s instructions will be honored. One of the most important decisions that comes with creating a will is deciding on a competent and trusted executor. This is the person that will carry out the instructions contained in your will. What Makes a Will Legally Valid?
Estate planning laws vary by state, so it’s best to consult with an attorney if you have specific questions about your state’s laws. Generally speaking, a person must have been of “sound mind” when he or she created the will. This means that he or she understood the effects and consequences of the will, and that he or she was not coerced or otherwise manipulated into signing it. A will cannot violate state or other laws. As an example, a person cannot circumvent a state’s community-property marriage laws by asserting in a will that his or her spouse is entitled to no property. Also, note that some states have passed heirship laws that require, for example, children to be listed as heirs in a decedent’s will.
A will that breaches heirship laws will likely not stand up in court, and the decedent may be considered intestate. An estate planning lawyer can answer your questions about wills and other estate plans. He or she can also explain applicable estate laws to you and help you to create a will that fits your needs and reflects your intentions. This section provides a link for consulting with an experienced estate planning attorney in your area. What Happens If You Die Without a Will? Please forward this error screen to 52.
The firm’s experience dates back to 1974. We take a hands on, efficient, results oriented approach to estate disputes. We are committed to resolving our clients’ problems in a professional manner based upon our years of expertise in the area of Estate Litigation. Our expertise extends to Guardianship Applications and Powers of Attorney Disputes for clients and their families facing capacity issues. These often complex cases are dealt with in a sensitive and caring manner. Our firm also offers mediation and arbitration services in an effort to resolve disputes at an early stage. 1057, or in the Durham Region at 905.