Free Wills
Posted by admin on Mar 18, 2010
Life is beautiful but never guaranteed. Death is inevitable and may come at any time. However, despite this suddenness, it is possible to plan for family members and loved ones before this happens. Writing a will solves almost all legal complications after death. It is advisable to hire a will writing service and draft a legal declaration of how possessions are to be distributed or disposed after death.
People may decide to draft a will on their own in the presence of adult witnesses. However, self-made wills are not valid in all states. This could lead to complications and property could be litigated. At times, possessions even end up as state belongings. For the well being of loved ones, a valid will should be drafted. People refrain from doing so because of the costs of hiring legal services. For this reason a number of free will services have evolved.
An increasing number of lawyers are providing free last will and testament packages. This is done keeping in mind future profitability. Most free will lawyers draft wills wherein clauses containing their involvement in all future dealings are included. This makes the testator, i.e., the person making the will, dependant upon the lawyer for any discussion.
A free will forces family members and beneficiaries to consult a lawyer regarding any legal dealings for years to come. While drafting free wills, lawyers have been known to manipulate documents. These may not have serious repercussions but they secure lifelong involvement that comes with a certain fee. A number of lawyers are known to make will files. In simple terms, it means they draft numerous free will packages to gain popularity in the market, which in turn guarantees success for the lawyer.
Nowadays there are a number of websites that provide free last will and testament packages. When lawyers and legal services offer free wills, it is inclusive of a few services. This includes handling distribution clauses and guardianship clauses. This is because in most free will services, the provider acts like the executor of the will.
By: Josh Riverside
About the Author:
Wills and Probate
Posted by admin on Mar 14, 2010
A will could be made by anyone who is legally competent and at least 18 years of age. The person should be of a sound mind. When a will is being prepared, a testator or the person preparing the will should understand value of his property or estate. He should also be fully aware of the people to whom his belongings will be transferred.
For a will to be valid, it must meet several legal requirements. The laws for validating a will vary from state to state, usually requiring two or more witnesses. The process of determining a will’s validity is called probate, which means to prove or testify.
After the death of a testator, an orderly procedure is needed to assist in the proper transfer of property. A probate helps in ensuring that affairs of the deceased are duly settled. It safeguards the deceased’s estate, and also helps in paying all debts and taxes. It enlists the names of people entitled to the property and the type of assets. The probate has information that helps in distributing property according to the wishes of the testator.
In most cases, a personal representative or an executor is responsible for handling and settling the deceased’s estate. His responsibilities include contacting the heirs and creditors concerning probate proceedings. He determines and pays for state, federal and income taxes. If necessary, the executor may have to sell some part of the property in order to pay pending taxes and expenses.
Probate courts handle issues such as name changes and guardianship proceedings. They handle proving the will, appointing an executor, and settling the estate. When a person applies for probate, he is promising the probate court that he will deal with the estate, as set out in the will and according to law. If he doesn’t follow the proceedings of the will, he may have trouble with the court and with the people who should benefit from the will. When there is no will or there are no executors named in the will or the executors have died, the official form is called a letter of administration.
By: Josh Riverside
About the Author:
The Pitfalls of Online Wills & Trusts Forms
Posted by admin on Mar 13, 2010
There comes a point in every person’s life where it is appropriate and prudent to begin planning for the post death division of property and assets. It is necessary to anticipate and plan for the quagmire that is probate. For many facing the task of planning their estate, the mere idea of paying an estate planning attorney can be painful and many simply choose to forego such a task by using cheap or free online forms. While choosing the easy way out may save you money now, it will cost your estate significantly more in the future. The pitfalls of cheap online wills and trusts writing programs are many.
The premise is simple enough. You want a means of distributing your property after your demise but you do not want to pay more than necessary. The problem is dead serious. On their face, online wills and trust programs appear to be a bargain. You can prepare your own will or create a trust for less than $20.00, a tiny fraction of the cost of a good estate planning attorney. Unfortunately for your family though, the inherent inadequacies of such services are not discovered until after your death. Any remaining heirs will be forced to pick up the remains of your estate and force it through probate, taking substantial amounts of both time and money. The money spent today on a good estate planner will save your estate exponentially more in the future.
Numerous amounts of problems arise when deciding to use online wills and trusts services. Most often these services do not take into account specific state law regarding the administration of probate or trusts. Only an attorney in your state can effectively advise you regarding the various jurisdictional issues that may affect many of your decisions regarding your estate. Many states have varying requirements regarding the number of witnesses that must attest to the creation of a will. Failure to comply with state requirements regarding the order of attestation and witnesses will sometimes lead a court to completely invalidate your will as a means to distribute wealth and property. See, Stevens v. Casdorph, 508 S.E.2d 610 (1998). By refusing to extend the Doctrine of Substantial Compliance, many state courts, like the Casdorph court, have stressed the importance of proper will execution. Online will services do not take into account the varying requirements among states. Only a skilled estate planning attorney can advise you regarding the proper methods to ensure that your will is upheld during probate. Failure to comply with these requirements will force all property through intestacy, which is where the state decides who gets what. Moreover, intestacy is not something that the online services will tell you about. Additionally, the plain meaning rule, which instructs court’s to look only at the plain meaning of words contained in the will, stresses the importance of obtaining professional advice. Using an incorrect word or clause can dramatically alter the effect of the will, invalidating the very purpose of its creation.
Trusts are often used as a tool to avoid the probate system completely, and many online services use this very idea as a marketing tool. There are many kinds of trusts used in estate planning (i.e. revocable, irrevocable, discretionary, spendthrifts, marital, special needs and testamentary trusts, to name a few) and only an experienced attorney has the knowledge and ability to advise you regarding the proper form of trust for your desired purpose. In addition, online services do not address the various issues faced when creating a trust. As trustee, beneficiary or settlor, there are various rights and obligations associated with each party. Violation of any imposed obligation or duty can serve to completely invalidate the trust document itself. In order to properly address your needs, an estate planning attorney considers all relevant factors and will recommend the best option for you.
Online services fail take into account all available means of wealth transfers and do not begin to address all pertinent issues, such as tax impacts, ease of administration, imposed rights and duties and the potential pitfalls. Only a qualified attorney can ensure that your estate does not find itself stuck in the murky and troublesome world of probate and intestacy. Wise planning now could spare your family the unpleasant pain of probate in the future.
By: Nicholas Deleault
About the Author:
