Writing a will is an important part of financial and estate planning. Having a comprehensive will prevents legal issues and ensures your assets are distributed as intended after your death.
Hiring an experienced lawyer to draft your will is highly recommended to avoid any errors or loopholes. This guide will explain everything you need to know about finding the right lawyer for creating a customized will.
What is a Will?
A will is a legally binding document that specifies how you want your assets and property distributed after you pass away. It allows you to choose beneficiaries, assign an executor, and provide instructions for the care of any minor children or dependents.
Without a will, your assets will be divided according to your state’s intestacy laws, which may not align with your wishes. Having a clear, detailed will prevents family disputes and legal challenges after you are gone.
Why You Need a Lawyer to Write Your Will
While do-it-yourself will kits may seem convenient, having a lawyer draft your will has significant advantages:
- Customization – A lawyer can tailor your will to your unique situation and estate planning goals. This ensures your wishes are clearly represented.
- Peace of Mind – Lawyers have extensive training and knowledge of state laws. They can create an ironclad will that minimizes any chance of errors or successful legal contests.
- Complex Family Situations – If you have a blended family or any dependents with special needs, a lawyer can help ensure everyone is provided for properly.
- Tax Planning – An experienced estate planning lawyer can help structure your will to optimize tax liabilities for your heirs.
- Objectivity – Lawyers avoid any bias when preparing your will. A homemade will can fuel family disputes.
For most people, the benefits of customized legal advice outweigh the cost of hiring a lawyer. This is especially true for larger estates or complex family dynamics.
How to Find the Right Wills and Estates Lawyer
Finding the ideal lawyer to draft your will depends on several factors:
Specialized Expertise
Look for a lawyer who specializes in estate planning and wills, rather than a general practitioner. Ask about their specific experience with wills – some lawyers focus more on trusts and related areas.
You want someone well-versed in allaspects of wills, probate, and asset distribution in your local area.
Consultations
Schedule consultations with a few recommended lawyers. This lets you find someone you feel comfortable with and who understands your family circumstances.
A good lawyer will patiently answer all your questions without pressuring you to retain their services.
Credentials
Verify any lawyer has an active license through your state bar association. Look for board certification in estate planning and probate law.
This specialized certification indicates substantial experience creating wills and navigating probate.
Client Reviews
Check online reviews and testimonials by previous clients. This helps evaluate the lawyer’s responsiveness, expertise and professionalism.
Look for consistent positive feedback on their ability to translate client wishes into proper legal wills.
Fees
Ask upfront about each lawyer’s fee structure and what is included. Most will charge hourly, but some may offer flat rates. Understand all charges before signing any retainer agreements.
While fees vary, a typical simple will may cost $200-$800. More complex estate planning services are usually $800-$5,000.
Key Steps in Creating a Will
Once you select an estate planning lawyer, here is an overview of the typical process:
- Initial Consultation – You’ll discuss your family situation, assets, debts, and goals for distributing your estate. Your lawyer will explain options and offer recommendations.
- Information Gathering – Provide details on all assets, titles, deeds, account beneficiaries, insurance policies, and debts. This ensures your lawyer has a complete picture.
- Drafting the Will – Based on your consultation, your lawyer will draft a customized will reflecting your wishes. This may take a few iterations.
- Reviewing the Will – Thoroughly review the draft and suggest any revisions or clarifications. Your lawyer can explain legal terminology. Sign only when you feel it accurately represents your wishes.
- Signing the Will – For a will to be valid, you must sign it in the presence of two adult witnesses who are not beneficiaries. Your lawyer can arrange witnesses.
- Storing the Will – Keep the original signed copy secure in a fireproof safe, safe deposit box, or filed with your county. Give copies to your executor and any other trusted individuals.
Frequently Asked Questions
How often should I update my will?
You should review your will at least every 3-5 years and anytime a major life event occurs – marriage, birth, death, divorce, etc. Your lawyer can recommend any changes.
Can my will be contested?
Yes, but an attorney can help craft a sound will that minimizes successful challenges. Naming guardians and executors wisely reduces the chance of a dispute.
What documents are needed to create a will?
Your lawyer will need a list of all assets and their values, insurance policies, retirement accounts, titles to any property, and an overview of any debts.
Is a handwritten will valid?
Some states allow handwritten or holographic wills, but they must meet strict requirements. Always best to have an attorney draft and witness the will properly.
How much does it cost to draft a will?
Simple wills may start at $200-$500, but costs vary substantially based on your situation. Shop around, but avoid choosing based on price alone.
Key Takeaways
- Hiring a knowledgeable lawyer is highly recommended for drafting a customized will.
- Look for estate planning attorneys with certifications and specializations in wills and probate.
- Schedule consultations before selecting a lawyer you connect with and trust.
- Provide your lawyer with a complete overview of assets, debts, and your ideal estate distribution.
- Carefully review the will draft before signing to ensure it accurately reflects your wishes.
- Store the original copy securely and provide copies to your executor and other trusted parties.
- Review your will every 3-5 years or after any major life event or change in assets.
With the right guidance, creating a legal will ensures your estate is protected and your loved ones cared for.