How Do I Get A Will? [Estate Planning Q&A Video Series]
Posted by: Adair M. Buckner
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Today, there are many ways you can go about getting a Will. Not all of these ways are created equal, however. In fact, some Will templates and online forms can end up causing your family more headaches and heartaches in the long run. To ensure your Will accomplishes your wishes while also avoiding the greatest expense and complications, you should follow the steps below and consult with an experienced estate planning attorney.
In this video and blog, I discuss where to start when you're ready to draw up a Will, the best time to draw a Will, and the procedure I follow to assist clients in getting their estate planning done correctly. I also touch on some complications that may arise from do-it-yourself Wills and why you're much better off seeking sound legal advice in the long run.
What Is The Best Way To Draw Up A Will?
Unfortunately, a fair number of people have lawyer phobia. It is best to put your fears aside, however, and consult an attorney who devotes much of their practice to estate planning. An estate planning attorney will provide you with a framework to make all of the important decisions that go into drawing up a Will that is appropriate for your circumstances. Considering all of the options available is a very important step in accomplishing your goals for what happens on your death.
Many attorneys, including myself, offer free initial consultations to discuss what Will structure best suits you. These consultations often don't include discussing the details of your estate, but they're a great way to get to know an attorney and determine whether they're the right choice for your estate planning.
What Are The Risks Of Using A DIY Will Or Online Will Template?
DIY Wills are readily available online, as are many other Will forms. Some cover many of the points you should consider in planning your Will. Nothing beats a one-on-one discussion with an estate planning attorney, however, to be sure you have covered all the important bases.
You may have the best intentions, but failing to meet all of the state law requirements to make your Will valid and for probate to be as easy as possible can end up costing you more in the long run than having an attorney draw your Will. Over and over, I have seen such situations, and the result is that the probate process was much more expensive than necessary.
Read this blog to learn more about the unintentional consequences of DIY-ing your estate planning with an online template.
When Is The Best Time To Draw Up A Will?
In general, the best time to draw up a Will is now. You do not want to put off this crucial estate planning tool because we simply don't know what tomorrow may hold. That said, certain life events can make drawing up a Will, or modifying an existing one, even more important. These can include:
Becoming A Legal Adult: Often the first life circumstance that prompts drawing up a Will is turning 18. At this point, you are now able to choose for yourself what you want to happen to your estate.
Entering A Serious Relationship: If you and your partner are very close, you likely want them to receive some of your estate. However, if you are not married and pass away without a Will, they may not receive a thing.
Marrying Or Remarrying: When you combine your assets through marriage, Texas State Intestacy Law dictates that all of your estate will pass to your spouse, unless you have children together or children from another marriage. If you wish for some of your estate to pass to siblings, friends, or other family members, you may need to designate this in a Will.
Divorce: If you created a Will when you were still married to your ex, you may wish to revisit and revise it, particularly if your parting was not pretty.
Having A Child: The main benefit to setting up a Will for parents is often choosing the guardian of your child in the event of something happening to you. You may also wish your child to receive more or less of your estate. Without a Will, Texas Intestacy Law will provide your surviving children with 2/3 of your estate and your spouse with 1/3.
Opening A New Bank Account: Once you have started a new savings or checking account, it's always a good idea to designate where you want these funds to go after your passing.
Purchasing A New Property: Whether you're buying your first home, moving neighborhoods, or purchasing an additional vacation property, you should indicate what you want to happen to the property in your Will. If you do not do this, your family may face an expensive and lengthy probate process.
Coming Into Additional Funds: Inheritances, promotions, and new lucrative business ventures can quickly change your financial situation.
An Ounce Of Prevention Is Worth A Pound Of Cure
When it comes to creating your Will, working with an experienced estate planning attorney is always a smart decision. It could save your family a significant amount of heartache, expense, and trouble during the probate process.
To learn more about Wills, Living Trusts, and the estate planning process, read the other articles in my Estate Planning Q&A Video Series below:
*(The free consultation does not cover actual review of documents or giving legal advice on a specific situation.)
** This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal, or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.
TESTIMONIALS
Mrs. Buckner did a full estate plan for me. Her work was excellent, her communication was great, and the price was reasonable. I would highly recommend her for your estate planning needs.
- Brad -
When my husband passed away, I contacted the attorney that we had used to prepare our wills but was unhappy with his attitude of indifference. I discovered Adair Buckner and all of my issues were resolved. Adair is professional, compassionate, and extremely knowledgeable. She saved me a large amount of money by processing my will in the appropriate manner to best suit my situation.
- Susan -
We appreciate Adair Buckner’s professional and personable service. Our legal needs were met promptly and succinctly. We would not hesitate (and do!) recommend her to our family and friends.
- Kristine -
Adair drew up a beautiful power of attorney and Will for my father in a timely manner. I highly recommend that you use her. She’s a wonderful lady.
- Hiram -
This was as painless as it gets to hire an attorney in Amarillo Texas. Handled all the estate needs and never had to appear in court. You won't find any better and I use Attorneys quite often in my line of work.
- AAA Land Records of Oklahoma Inc -
It was way past time to finally get our Wills completed. This was something that was extremely complicated for us, but Adair and her assistant never made us feel like we were bothering them...and we (I) bothered them...a lot! Things were explained to us in a way that we could understand easily. Extremely professional and knows her stuff!
- Darla -
I was meeting with a financial advisor who encouraged me to finish my Will. He offices next door to an Estate Attorney, and voila, 'one-stop shopping]! Adair and her assistant Pennye made completing my estate planning fun, easy, and pleasant. I wholeheartedly recommend Adair Buckner!!
- Margo -
Trying to get our LLC changed over after moving to Texas was complicated, but Adair Buckner made the process so simple! We just gave her the details, and she handled everything quickly and professionally. Thank you, Adair, for making this part of our move stress-free!
- Barbara -
Adair is very professional. She cares about her clients and explains everything very well. She makes you feel like a friend.
- LaDonna -
Losing my Mother and being appointed as Executor of her estate was overwhelming. Adair was very professional and personable. She handled and processed the estate with ease and kindness.
