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Although estate plans are commonly associated with the elderly, there’s no right age to establish a last will and testament. Anyone 18 years or older should be encouraged to draft or update their will with a family law attorney. Doing so protects your loved ones and allows for the distribution of your assets without lengthy probate proceedings. Here’s what you should know about life events that call for will creation or updates.

When Should I Create or Update My Will?

1. You’re Joining the Military

Establish a will before entering the military, even if you haven’t yet acquired property or assets. An advanced directive for health care, for example, would dictate your medical preferences should you become unable to communicate them yourself because of injury.

2. You’re Getting Married or Divorced

Create or change your will after getting married so your spouse has access to your assets in the event of your passing. Conversely, if you are divorcing your spouse or marrying someone else, you need to update your will to reflect these changes. Even though divorce automatically eliminates your ex-spouse as a beneficiary, you may need to remove them as your power of attorney and executor.

3. You Receive an Inheritance

family lawTalk to a family law attorney after coming into an inheritance, even if it’s in a trust and you can’t currently access it. An estate plan will ensure that beneficiaries receive the distribution from a trust if you pass.

Any changes in your asset profile, such as acquiring new properties, call for estate planning services so the right people, such as your children and grandchildren, benefit.

4. You’ve Recently Moved

Update your will after moving because estate planning laws often vary by state. For example, if you created a holographic, or handwritten, will in Texas but are moving to Alabama, you need to re-write the will in the presence of at least two witnesses. Texas estate planning laws do not require witnesses to validate holographic wills.

5. You’re About to Retire

Review your estate plan with a family law attorney if you’ll retire soon. You may need to reevaluate your assets regarding medical care or living expenses, especially if they’re currently in a trust format and your children are grown. Consider updating your will every few years as your lifestyle changes in retirement. 

 

Discuss your estate planning needs with the family law team at Edmiston Law Office. The firm has served the Jackson County area of Alabama since 2002, with attorneys offering over 25 years of experience. Enjoy the personalized service their lawyers are known for by calling (256) 259-0834 to schedule a consultation. Visit their website for more practice area information, or connect with them on Facebook.

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