Will and Trust Lawyers in Bucks County
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Why You Need a Lawyer to Write Your Will
Why Choose The Martin Law Firm, P.C. to Prepare Last Will and Testament?
Key Factors in a Last Will and Testament
When drafting a Will, it is important to consider several key factors to ensure that it reflects your wishes accurately and is legally enforceable. Here are some essential points to keep in mind:
- Beneficiaries – Your Will should clearly identify who will inherit your assets (family, friends, or charities) and specify what they will receive. A Bucks County Will and Trust attorney can ensure that your intentions are detailed and explain legal terms such as a per stirpes distribution, a common distribution for families with children and grandchildren.
- Executor – A lawyer can help you select the right person to serve as the Executor for your estate. The Executor should be a trusted friend or family member since they will be tasked with managing the estate after you pass. The Executor is responsible for gathering the assets in the estate, paying debts, and distributing assets according to your Will.
- Guardianship for Minor Children – If you have minor children, it is crucial to name a guardian to care for them in the event of your death. This decision can be difficult, but it’s important to ensure that your children are cared for by someone you trust. A Will and Trust lawyer can help you determine who would be best suited to serve as guardian.
- Assets and Property – The Will must distribute all the assets in the Estate. Assets that pass through the Will are considered probate assets. Probate assets include all tangible and intangible real and personal property that are not jointly owned and do not have a beneficiary designation.
- Debts and Liabilities – The Will should address how any outstanding debts or liabilities should be settled. This will typically be done using the assets in your estate, but it is important to outline any specific instructions.
- Special Provisions – If you have specific requests, such as funeral arrangements or charitable donations, a lawyer can include them in your Will. You can also make provisions for special assets like family heirlooms or pets.
- Legal Requirements – A Will and Trust lawyer can advise you on the Pennsylvania legal requirements for drafting and executing a valid and enforceable Will. This includes signing the document, having it witnessed and notarized, and ensuring that it is properly stored for future access.
- Contingency Plans – The Will should include contingencies plans. A lawyer can help you name contingent beneficiaries, Executors, and guardians.
Bucks County Will and Trust lawyers at The Martin Law Firm, P.C.
Here is our step-by-step approach when helping you prepare your estate plan and drafting your Last Will and Testament.
- Initial Consultation – During the first meeting, we will discuss your goals and objectives with you. This is where you will talk about your assets, family dynamics, and any specific wishes or concerns (e.g., guardianship for minor children, charitable donations, etc.). You will need to provide personal information, including details about your family, assets, debts, and any specific instructions for distribution.
- Asset Inventory – You will work with our Bucks County Will and Trust Attorney to identify all your assets, such as real estate, bank accounts, investments, vehicles, and personal property. It is also important to include any debts or liabilities that need to be addressed in the Will. Having a clear picture of the assets will ensure that each and every asset will pass to the intended beneficiary.
- Identify Beneficiaries – You will decide who will inherit your assets. This includes family members, friends, and/or charities. It is important to also name contingent beneficiaries in case the primary beneficiary predeceases you or is unable to inherit.
- Choose an Executor – You will decide who you want to serve as the Executor. We will help guide you on the duties and responsibilities of the Executor so that you can make the right decision. You should also name an alternate in case the primary executor is unable or unwilling to serve.
- Appoint Guardians for Minor Children (if applicable) – If you have minor children, you will need to choose a guardian who will care for them in the event of your death. This decision should be made carefully, considering family values, lifestyle, and other key considerations.
- Review and Finalize Legal Language – Once all the details are gathered, the attorney will draft your Will using precise legal language to ensure it is clear and legally enforceable. The attorney will review the document with you, making sure everything is accurate and that your wishes are captured.
- Sign the Will – To make your Will legally binding, you will want to sign it in the presence of at least two disinterested witnesses (people who aren’t beneficiaries or involved in the Will). The witnesses will also sign the document. It is also important to have the will notarized for added validity and to reduce the likelihood of future challenges.
- Store the Will – After signing, the Will should be stored in a safe and accessible place. Many law firms will offer to keep the original document in a secure vault. Alternatively, you may store it in a safe deposit box or another secure location. Let your Executor and trusted family members know where the will is stored and how to access it.
- Periodic Review and Updates – Over time, your circumstances may change, and it is important to review your Will periodically. Major life events such as marriage, divorce, the birth of children, or the acquisition of new assets may require you to update your Will. If you need to make changes, a Codicil (an amendment to the Will) can be created, or a new Will can be drafted.
Please call (215) 646-3980 to schedule an appointment.
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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.
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