Role of a Montgomery County Wills Attorney

It is important to make sure that you understand your will and that it accurately represents your wishes. Therefore, the role of a Montgomery County wills attorney is important in the process of creating a document. A skilled wills lawyer can help you make sure that you have a plan in place that meets your unique needs.

What Is a Will?

A will or a last will and testament is a legal document that lists a person’s assets and outlines who will have control of those assets at that person’s death. People draft wills because they want to ensure that their wishes are carried out. Comprehensive estate planning can also reduce administrative costs, and estate and inheritance taxes.

Wills are drafted to include provisions that meet an individual’s estate planning needs. However, most wills include a provision that identifies the testator, or creator, and indicates their family members. Wills also often include a provision that revokes any prior wills. The will also includes language that provides for the distribution of tangible personal property, and the residue of the estate, including any specific bequests or pecuniary gifts. It also nominates a personal representative, trustee, and any successors for those fiduciary positions. In addition, the will includes a provision detailing how taxes should be handled, as well as provisions granting authority to the fiduciaries named. Some wills may also include guardianship for minor children and no contest provisions. Usually, the people who are involved in drafting a will are the testator and their attorney.

Deciding to Draft a Plan in Montgomery County

There is no bad time to start thinking about drafting a will, but typically people begin drafting a will during major life events. Marriage is a common time to start thinking about drafting a will because many couples combined their assets and are looking at a larger pool of assets that can be distributed upon their death. Another life event that cause people to start thinking of wills is the birth of children. Many people want to ensure that their children are provided for and their wishes are formalized in a last will and testament.

There is no bad time to start thinking about drafting a will, and the sooner an individual’s wishes are incorporated into a last will and testament, the more peace of mind the person will have moving forward. That person will also have a better sense of changes they may need to make in the future as circumstances change.

The Role of a Lawyer

The responsibility of the attorney is to communicate with the client regarding estate planning, their options, and what types of estate plans are best-suited to them with respect to creating a will. The most essential role of the attorney is to ensure that they accurately reflect the person’s wishes within the will and ensure that all potential issues that can arise are addressed and approved with the testator. The testator should be made aware of all possibilities and any potential drawbacks or risks that may be involved in the incorporation of their wishes in their will. The attorney should also make sure the testator understands what their document does and how it disposes of their assets.

In an estate planning capacity, the attorney represents the testator who is the person creating the will. The attorney does not represent the named beneficiaries in the will or the personal representative who is nominated in a person’s will. The client will most likely ask the attorney to give a recommendation in terms of what makes the most sense for them personally and financially when creating a will. After understanding what the client owned and what they may acquire realistically in the future, the attorney can better advise them regarding how to apportion those assets in their will.

A Montgomery County Wills Attorney Can Play an Important Role

The role of a Montgomery County wills attorney is primarily to guide you through the process of creating a will. This can include making sure you understand the document and that your wishes are clearly outlined. To discuss your options, call today.