When you pass away, you want to be confident that your estate is properly handled. Wills and trusts are the best way to ensure property, land deeds, and possessions are handed out accordingly. If you pass without leaving a will, it can create complications for your relatives. Without a legal document to dictate what happens to your belongings, your possessions may pass through probate or a third-party executor.

Your Guide to Wills & Trusts

What Are They?

A will is a legal document comprised of your after-life wishes. It contains how possessions, deeds, properties, and financial holdings should be distributed to your loved ones. It can also detail how your remains should be handled. A will is prepared by a lawyer and goes into effect the moment you pass.

A trust gives control to a third-party to manage your assets for beneficiaries while you’re alive. This includes all of the items managed by a will. Your resources are placed into the trust, then dispersed by the third-party when you pass.

What Happens Without a Will or Trust?

Without a will or trust, the state will institute intestacy laws when you pass. This default plan will distribute properties, finances, and possessions to family members. What’s distributed and to whom can vary depending on if they have a living spouse, children, or siblings.

The lack of a detailed legal document creates complications because items, deeds, and property often don’t go to the right people, which can create friction among family members. Probate court may also be needed for distribution. If so, your loved ones will have to pay legal fees and deal with a waiting period before possessions are released.

If you’re ready to prepare your will or trust, turn to the legal professionals at Hawaii Convey in Honolulu. Their team has over 33 years of experience in probate law, real estate, deeds, and land law, and legal counseling. A dedicated attorney will work closely with you to ensure every need is met and uphold your future wishes. Call (808) 792-8777 to schedule a consultation, or visit their website to learn more about their services.