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As we all know, life is fragile and never guaranteed beyond the present moment. No matter your age or financial status, it is important to have a solid estate plan in place in recognition of the certainty that we all will one day pass from this earth. The primary goal of an estate plan is to provide for the transfer of your wealth and assets upon your death to the persons you designate as your estate beneficiaries and is vital to ensure that your surviving beneficiaries, most often your surviving spouse and children, are provided with adequate financial support after your passing. The most basic tool employed in constructing an estate plan is a Last Will and Testament. This document will provide definitive instruction as to your final wishes, including the appointment of an executor (think: CEO of your estate) and instructions as to how your assets are to be distributed after your death.

What to Include in a Will

willA will should clearly state your wishes after you pass, such as who you want to inherit your property and take care of your minor children. You must also name an executor to carry out these wishes. As this person will be responsible for handling your entire estate, you should choose someone that is trustworthy and capable of rising to the task. If you intend to leave assets to minor children or grandchildren, you will also need to incorporate a provision for the formation of a testamentary trust which will include the appointment of a trusted adult to manage the assets inherited by the minor.

I heard I can write my own Will; do I really need to hire a Lawyer?

While it is possible to write a legally enforceable Will without any formal legal assistance, your Will should be prepared by an experienced estate attorney to ensure that the document complies with state law and clearly communicates your wishes. Moreover, certain situations are complicated and require legal insight and counsel to be carried out correctly. For instance, if you have minor children, own assets in multiple states, or run a business, an attorney’s guidance is essential. 

An improperly drafted or ambiguous Will often leads to issues in probate and disputes within your family. Working with an attorney will provide peace of mind in knowing that your Will is legal and enforceable and that your desires regarding your estate will be fulfilled.

 

 

If you need help writing a will, turn to the Law Offices of Robert B. Liotta, Esq., in Westmoreland, PA. He has over 10 years of experience in this practice area and will help you customize your estate plans to reflect your preferences and best interests. Call (724) 334-9870 to schedule a consultation today. For more information about his services and specialties, visit his website.

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