Writing a will is an essential part of the estate planning process; it ensures your assets are dispersed according to your wishes after your passing. Understanding the intricacies of wills and probate will ensure that you create a document that addresses your wishes and the needs of your beneficiaries.

Wills & Probate FAQ

What if I die without a will?

If you pass away without a will in place, the state will decide how your assets are distributed. Typically, a spouse or children will be the first to inherit, followed by other close relatives, such as siblings or parents. If the deceased doesn’t have qualifying relatives, the property goes to the state.

What makes a will valid?

For your will to be valid, you must be of a sound mind when you write it. The will must be signed and dated and indicate the enclosed instructions are your will. Typically, you will also need to have two witnesses who also sign the document, stating that they saw you sign the will.

Is it possible for someone to challenge my will?

While a will can be challenged in court, this is very rare. This might be done by family members who wish to inherit more of the property. They may try to prove that the will is forged or that you weren’t mentally fit when you wrote the will. Working with a qualified lawyer can protect your will from future challenges.

What if I want to revise my will?

A divorce or another major life change would cause you to want to rewrite your will. Depending on the situation, you could either add a codicil to address minor changes or revoke the prior will in writing to create a new document.

If you need help navigating wills and probate, contact an estate planning attorney from Cronin Skilton & Skilton, P.L.L.C. With locations in Nashua and Charles City, IA, their skilled attorneys have served area residents with sound legal advice for over 80 years. To learn more about their practice areas or to schedule a consultation, visit them online or call (641) 435-2462.