Will and Trust Lawyers in Montgomery County
Resources
Practice Areas
Schedule a Case Evaluation Today
A Last Will and Testament is vital to creating the legacy you wish to leave. It is a legal document that states your wishes and intentions after your death. A well-drafted Will provides peace of mind for you and reduces the burden on your surviving family members. At The Martin Law Firm, P.C., you can hire a Will and Trust lawyer in Montgomery County with over 25 years of experience in estate planning to help you create an effective estate plan with a Will as the cornerstone. We can help you draft a Will that reflects your wishes and provides a concrete plan for the distribution of your assets and other objectives. While it is possible to draft a Will on your own, working with an attorney can help ensure that your Will is legally sound and that all your wishes are clearly stated. Below is a step-by-step summary for the process of creating a last will and testament with an estate planning lawyer.
Choose the Right Lawyer
The first step is to find an attorney whose focus is Wills, Trusts, and Estates. One way to find an attorney is to do an internet search for an attorney near you. You can also ask for referrals from friends, family, accountants, or financial advisors. Most lawyers will explain their process up front and the fees associated with process. You should find an attorney who is willing to charge a fixed fee for the entire process so that you can plan accordingly.
Schedule a Consultation
After you have selected an attorney, the next step in the process is to schedule an initial consultation. To prepare for the initial consultation, you should prepare a list of your assets and information about outstanding debts or liabilities. You should also start thinking about the individuals who you want to inherit your assets, serve as guardians for minor children, and serve as the executor of the estate. If you have minor children, you should think about including a Trust for the children in the Will. Many Will and Trust attorneys in Montgomery County will provide you with a questionnaire before the initial consultation to help you prepare for a comprehensive discussion about your objectives and how to accomplish them in a tax efficient manner.
Drafting the Will
Once your lawyer has a clear understanding of your wishes, the lawyer will prepare the Will for you. Your lawyer will ensure that the Will is legally valid and complies with Pennsylvania law, including requirements for witnesses and notarization. Most lawyers include standard provisions in the Will such as a spendthrift clause or a waiver of bond. Your lawyer will explain the importance of these provisions to you.
Why You Need a Lawyer to Write Your Will
Even though there are a lot of websites that provide do-it-yourself legal services, creating a Will without the legal guidance of a Montgomery County Will and Trust lawyer can lead to problems that could have been easily avoided. For example, if you name a relative to serve as the executor, and he or she lives out of state, the Register of Wills will require the executor to post a fiduciary bond as a condition to serve as the executor. A bond waiver provision in the Will can avoid the expense of the fiduciary bond. That is just one example. Depending on your financial and family situation, there may be many scenarios you did not consider that can affect the way your estate is distributed. You may fail to address important things in the Will such as naming guardians for your minor children or including Trusts for the minor children. Lawyers who routinely prepare Wills can give you a fresh perspective on making the right decisions.
Review the Will
When the first draft of the Will is completed, you will want to have another consultation with the lawyer who prepared it. It is essential to read the Will carefully to ensure that your wishes are accurately reflected. You should ask your lawyer questions or request changes if the Will does not align with your intentions. The Will should be clear, precise, and free of any potential legal issues.
Signing the Will
After you approve the Will, the Will is ready for signatures. In Pennsylvania, it is important to sign the Will in front of two witnesses and a notary, who will notarize the Will. This is called a self-proved Will. The witnesses should not be anyone named in the Will. Your lawyer may provide these services at his or her office.
Storing the Will
Once your Will is signed, it is a good idea to keep the Will in a safe place such as a safe at home or a fire-proof box. You should tell your loved ones and your named executor where the Will is stored so that it can be easily accessed when needed.
Updating the Will
A Will can be updated or revised at any time. When life circumstances change, you should contact your estate planning lawyer to discuss whether the Will should be updated. Major life events like marriage, divorce, birth of a child, or significant financial changes usually require a change to the Will.
Why Choose The Martin Law Firm, P.C. to Prepare Your Last Will and Testament?
Working with a lawyer to create your Last Will and Testament ensures that your wishes are clearly documented and legally binding. At The Martin Law Firm, P.C., we help our clients every step of the way by ensuring that your Will is legally valid and includes all the necessary provisions to accomplish your goals. We offer friendly, professional guidance so that you will have peace of mind, knowing that your family will be taken care of after your passing.
Preparing comprehensive estate plans is what we do, and a primary focus of our law firm’s practice. For over 25 years, we have helped many individuals and families in Montgomery County create comprehensive estate plans. As part of our process, we will advise you on other legal matters such as asset protection, inheritance taxes, Trusts, Powers of Attorney, and Living Wills.
Do-it-yourself estate planning has significant risks that can easily be avoided with the help of a lawyer. Creating an effective estate plan requires knowledge of the law and the use of proper language to avoid confusion or ambiguity. DIY estate plans could easily fail to address complex issues such as inheritance taxes or providing for a special needs child. An experienced Montgomery County estate planning lawyer at The Martin Law Firm, P.C. will make sure that you are advised of any legal issues and help you to avoid unnecessary problems that may arise after you pass.
Call The Martin Law Firm, P.C. Today
Our Wills and Trusts lawyers are committed to making the estate planning process simple, efficient, and as stress-free as possible for you and your family. Feel free to give us a call at (215) 646-3980 to start the process with our Will and Trust lawyer in Montgomery County.
Please call (215) 646-3980 to schedule an appointment.
Practice Areas
Our legal team provides individualized legal solutions for our clients by offering high quality legal counsel and representation in diverse areas of law. Our attorneys regularly represent clients throughout Southeast Pennsylvania, including Montgomery County, Bucks County, Chester County, Delaware County, and Philadelphia County.
Tell Us About Your Case
Please submit the form and an attorney will contact you shortly.
Please indicate how you would like to be contacted in the form.