If you are wondering why you should create a will in Palm City, you should first consider what you wish to happen to your estate after passing. While it may be difficult to think about, there are numerous benefits to contemplating the future. For assistance in planning, an attorney may be of help. An Attorney could help you designate a personal representative and see that the will you create is valid in the eyes of probate courts.
A will is a legal document directing the distribution of the decedent’s assets owned in their own name upon death. Wills are created by people referred to legally as the testator. However, there are many other legal nuanced terms when probating a will. When this happens, it can be in a person’s best interests to work with a Martin County attorney who is familiar with wills.
The best time for a person to contact an attorney about writing a will is while they are healthy and of a clear mind. At that point, they are most capable of making fully informed decisions about the distribution of their estate.
If a person passes without a will, attorneys and courts refer to their estate as intestate. With intestate estates, the beneficiaries are determined by state statute. Despite the state’s best intentions when deligating assets to beneficiaries, the legal actions may not be in line with what a testator may have wished to have happened. State law would also determine who may serve as a personal representative, but the directives under the statute are not as clear as they might have been had a will been written. This is why creating a will in Palm City is so important.
The estate specifically determines who the administrative person would be based on state laws. In intestate estates where no will exists, priority is given first to the surviving spouse to serve as personal representative if the decedent was married. If the surviving spouse is unable or unwilling to serve or there is no surviving spouse, then the person selected by a majority in interest of the heirs is given preference to serve as personal representative. This can be difficult if there is a deadlock among the beneficiaries. For example, if there are four heirs at law and two of them choose one person to be personal representative and the other two choose another, then only a court can decide who serves.
The best thing a person can do to avoid dying without a will is to contact a qualified estate planning attorney. That attorney can walk the person through the process and ask all of the questions that need to be asked to help that a person’s wishes are adequately written in the will.
An estate planning attorney can meet with the client and possibly determine whether that person currently has a valid will. If the person does not or if the client desires changes to an existing will, then an attorney can handle these items for the prospective testator. It is exceptionally important though that the person writing the will have the capacity to do so, meaning they are in the right frame of mind to dispose of their assets following death.
There are numerous reasons why you should create a will in Palm City. Above all else, it gives you the peace of mind that your estate would be handled as you so dictate in your will. But to do so, you need to first contact an attorney who could help.