Importance of an Alexandria Wills Lawyer
The assets and property of a deceased person are known as the estate. In most cases, the individual has left instructions that declare what will happen to their estate upon death, known as a last will and testament. Most people feel reluctant to make their own will. However, it is an extremely important document that can protect one’s family and property by naming a personal guardian to care for minor children, naming an executor, naming a trusted person to manage the property, and leaving property to people or organizations.
In Alexandria, if someone dies without a will, any property owned will be distributed according to state “intestacy” laws which allocate the property to the closest relatives of the deceased, starting with their spouse and children. If the court exhausts all available options, the state will take the property. Therefore, there is not enough emphasis placed on the importance of an Alexandria wills lawyer. In cases where the will may be contested, or the executor may require assistance in the distribution process, it may be wise to utilize the full legal capabilities that a knowledgeable wills attorney possesses.
The Role of a Lawyer
According to Chapter 4 of Virginia’s Execution of Wills; requirements § 64.2-403, wills are only valid if they are written and signed by the testator or the person who the will is created for. When a will is valid, the executor will take care of distributing the person’s property. The trusts and estates lawyer’s professional duty is to help the executor carry out their duties to the estate in accordance with the will and state law, which includes overseeing the entire administrative process.
Some services a lawyer may provide include:
- Preparing and applying for probate
- Identifying and collecting assets
- Providing advice about legal order in which debts are payable
- Assisting the executor by providing advice in regard to tax liability
Some wills may appoint a lawyer as the executor. In these cases, the lawyer has the same responsibility as any other executor, which entitles them to reimbursement for any expenses incurred as part of the estate administration process. Attorneys, whether they are appointed executors or not, will always act on their clients’ instructions. However, there are certain differences that determine whether the lawyer owes a duty of care to the beneficiaries, which is generally observed regardless of whether the lawyer is named the executor. An attorney could explain their specific role depending on the circumstances and elaborate on the importance of an Alexandria wills lawyer.
The Responsibilities of Qualified Wills Lawyers in Alexandria
While drafting a will without a lawyer is possible, the legal insight and knowledge that a qualified attorney brings can simplify the entire ordeal and ensure it is properly handled. With a myriad of laws bearing on taxes, property rights, trusts, and probate, the complications of handling the process on one’s own can be arduous, if not stressful. More importantly, sensitive aspects must be handled with care, such as:
- Ensuring the form is correct
- Assets that are passing outside of the will are delicately handled
- Tax issues are properly addressed
- State law nuances are taken into account
An Alexandria wills attorney could further explain their role in the process and its importance.
Learn More About the Importance of a Wills Attorney in Alexandria
Creating a will is inherently overwhelming. This is where the importance of an Alexandria wills lawyer can come into play. By opting to speak with a knowledgeable attorney, you can hand over the burden of responsibilities to someone who knows about wills and can work towards a solution that works for you. To learn more, call today.