St. Louis & St. Charles Wills Lawyer
Wills - The Last Testament
A will is a significant estate planning tool with far-reaching effects on your family and beneficiaries. A will documents your wishes and gives clear direction on how your property and assets, also known as your estate, are to be divided among the beneficiaries you name.
For individuals with children that are underage, a will allows you to appoint a guardian to safeguard their future. A will that is properly executed means fewer problems in probate for your beneficiaries and ensures your estate does not linger in probate longer than necessary.
Who Should Have A Will?
Everyone. Anyone wishing to ensure their property and assets are distributed in accordance with their desires, instead of leaving it to chance and to the directive of the State. Anyone who wishes to appoint a specific guardian for their minor children.
Will A Will Address Everything? My Entire Estate?
Not necessarily. For individuals with pension plans or 401K plans, the funds from these plans will go to the individuals specified in these plans. However, there is an exception. If the beneficiaries of these plans was designated as “estate,” then the Will controls these funds.
What Is In A Will?
There are several key items that must be identified in a will. They are as follows:
- The name of the individual executing the Will (testator).
- The name of the testator’s spouse, if applicable.
- The names and care instructions of the testator’s children and step or foster children.
- Revocation of all prior Wills.
- Special gifts to specified individuals, if applicable
- How the estate is to be distributed
- Nomination of a personal representative and his/her authority
What Can Happen If I Die Without A Will?
Dying without a will is referred to as dying in estate. Your estate will go through probate to legally transfer your property to your heirs. Each state has statues defining who can be considered an heir.
In short, without a Will, the state determines how your estate will be distributed. Unless your wish is to bequeath the government with a large portion of your estate, the simplest solution is to have a Will.
When Should I Prepare A Will?
A Will should be prepared and executed while you are still in full command of your mind and body, while you are still healthy and of sound mind. If you wait until you are ill or struck by an accident, it may be too late, or you may open your estate up to being contested.
An attorney who practices in the area of estate planning, probate, trusts and wills is one that understands and knows all the legal requirements of a will to make it binding and protect your estate from being contested. State regulations require lawyers to maintain continuing education requirements which will keep them abreast of all nuances of the estate planning and probate law.
Often, individuals choose not to use an attorney, only to find out that by saving the attorney fee, they actually lost countless hundreds in legal fees to battle Will contests, not to mention the emotional fee exerted during the entire process due to a poorly prepared Will.
Estate Planning Lawyer Greg Robinson has over 15 years of experience in estate planning, safeguarding countless individuals in St. Louis and St. Charles Missouri Counties.
Contact estate planning attorney Greg Robinson at 636-532-9500 in
St. Louis or 636-946-4979 in St. Charles County to arrange for a FREE initial consultation.
Estate planning attorney Greg Robinson provides estate planning, asset protection and business law services for communities in the greater St Louis and St Charles Counties, including Chesterfield, Town & Country, Ballwin, Ellisville, Wildwood, Creve Coeur, St. Charles, St. Peters, O’Fallon and Wentzville.
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