Planning for the day when you are no longer around is a wise move, but where do you start? To begin, it’s crucial to have a last will so your assets are taken care of in the way you want them to be. The team at Shelton Law Firm in Chariton, IA, answers some frequently asked questions about this important document.

Frequently Asked Questions About Wills

Why Do People Need Wills?

Wills allow individuals to control who receives their assets, the timing of distribution, and the person to carry out their wishes (called a personal representative or executor). People use wills to name guardians for their children and set aside resources in trusts for their care. Pet owners can even designate caretakers and make provision for them in their wills.

What Happens if I Pass Away Without a Will?

Passing away without a will, called dying intestate, means Iowa laws determine who receives your property and guardianship of your minor children. These are called intestacy or intestate succession laws. Your estate may be divided between your spouse and children, parents, brothers, sisters, and other relatives, or it could go to the state.

What Makes a Will Valid?

In Iowa, a will must be in writing and signed by the individual making it. This individual must declare the will is theirs, and two competent witnesses who do not have an interest in the document must sign it in the presence of the person creating it. If the will does not meet these formal requirements, Iowa courts will not recognize it as valid.

Do I Need an Attorney to Make a Will?

You can draft a will without an attorney. However, lawyers ensure the document is prepared and executed properly. They also advise you on probate and tax laws, help you create trusts, and structure your estate to meet your wishes.  

Take the first step in planning your will, and contact Shelton Law Firm today. For 36 years, their attorneys have helped clients with estate planning and guided them through this deeply personal process. Visit their website for more information about their services, and call (641) 774-5956 to schedule your consultation.