Wills & Trusts Lawyer Easton

Planning for the future through wills and trusts is one of the most important steps you can take to protect your loved ones and your assets. Brandywine Estate & Probate Lawyer provides personalized estate planning services in Easton with the help of a dedicated wills & trusts lawyer. To begin building a plan that reflects your wishes, call 484-285-5707 and schedule a consultation.

Steps to Creating a Valid Will

A will is one of the most important documents you can create to ensure your wishes are carried out after your death. Without a will, your estate may be distributed according to state laws, which might not align with your desires. Creating a valid will can provide peace of mind, both for you and your loved ones, as it sets clear instructions for how your assets should be handled and who will care for any dependents. But to be effective, a will must meet certain legal requirements. Here’s a straightforward guide to help you understand how to create a valid will.

Understand the Legal Requirements

Before drafting your will, it’s essential to understand the legal requirements in your state. While these can vary slightly, most states have similar guidelines for what makes a will legally valid. These include:

Age Requirement: You must be at least 18 years old to create a will. In some states, minors can create a will if they are married or in the armed forces.
Mental Competence: You must be of sound mind when creating your will. This means you should understand the nature of the document, the extent of your assets, and the people who will be affected by the will.
Written Document: Your will must be in writing. Oral wills (also known as nuncupative wills) are generally not valid, except in very specific circumstances in some states.
Signature: You must sign the will. If you are unable to sign, you can direct someone else to sign on your behalf in your presence.
Witnesses: Most states require at least two witnesses to sign your will, confirming that they observed you signing it and that you were of sound mind. The witnesses should not be beneficiaries of your will, as this can create potential conflicts of interest.

Choose an Executor

The executor of your will is the person responsible for carrying out your wishes after your death. This person will be in charge of managing your estate, paying debts, and distributing assets according to your instructions. It’s important to choose someone who is trustworthy, organized, and capable of handling the responsibilities involved. Many people select a close friend, family member, or even a professional, like an attorney or a financial advisor, to serve as executor.

It’s wise to name a backup executor in case your primary choice is unable or unwilling to fulfill the role.

List Your Assets

A will allows you to dictate how your property and possessions should be distributed after you pass. To do this accurately, start by listing all of your assets, including:

Real estate properties (homes, land, etc.)
Bank accounts, retirement accounts, and investment portfolios
Personal property (jewelry, cars, artwork, collectibles, etc.)
Life insurance policies
Business ownership interests
Digital assets, like social media accounts or cryptocurrency

For each asset, be clear about who should receive it. The more specific you are, the less room there is for misinterpretation or disputes later. For example, instead of saying, “I leave my jewelry to my daughter,” you could specify, “I leave my diamond ring to my daughter, Jane Smith.”

Decide Who Will Inherit Your Property

The next step is to decide who will inherit your assets. You can name specific individuals, organizations, or charities to receive specific items or portions of your estate. These are called “beneficiaries.” In addition to people, you can designate charitable organizations to receive part of your estate if that is your wish.

Be as specific as possible. If you want to leave a piece of jewelry to your niece, for example, include a description of the item. This will help avoid confusion and potential challenges to the will.

It’s also important to consider what happens if a beneficiary predeceases you. You can either specify an alternate beneficiary (someone who would receive the property if the primary beneficiary passes away) or use general language that distributes the assets evenly among the surviving beneficiaries.

Choose a Guardian for Minor Children

If you have minor children, a will allows you to choose a guardian who will take care of them if you are no longer able to. This is one of the most critical decisions for parents. The guardian will have legal custody of your children and will make decisions regarding their care, education, and well-being.

When selecting a guardian, consider factors such as the guardian’s values, lifestyle, and relationship with your children. It’s also a good idea to discuss the responsibility with the potential guardian beforehand to ensure they are willing and able to take on this role.

Be Clear About Your Wishes for Funeral Arrangements

While you may not think of funeral arrangements as part of your will, it can be helpful to outline your preferences. Whether you want to be buried or cremated, have a particular type of service, or specify the location for your funeral, including these details in your will can ease the burden on your loved ones during a difficult time.

Keep in mind that funeral arrangements are typically not legally binding, but having them documented in your will can prevent confusion and ensure your wishes are followed. If you have specific instructions, it’s a good idea to share them with your family and executor ahead of time.

Review and Update Your Will Regularly

Once you’ve created a will, it’s important to review it regularly and make updates as needed. Major life changes, such as getting married, having children, or acquiring new assets, may require changes to your will. If you want to modify a portion of your will, you can either create a new will or add a codicil, which is an amendment to the original will.

As with the original will, any updates should meet the legal requirements of your state, including having witnesses sign the new will or codicil.

Store Your Will in a Safe Place

Once your will is signed and executed, it’s crucial to store it in a safe, accessible place. You can keep it in a safe deposit box, a fireproof safe, or with your attorney. Just make sure your executor knows where to find it. It’s important that the will be accessible after your death, and that those handling your estate know where to look.

Consider Professional Help

While creating a will can be a straightforward process, there are instances when professional assistance can help. If your estate is complex, involves significant assets, or includes blended families, having an estate planning attorney assist you in drafting the will can help avoid confusion and ensure that your wishes are carried out exactly as you intend.

An attorney can also provide guidance on minimizing estate taxes, setting up trusts, and ensuring your will is valid under your state’s laws.

Protect What Matters with a Wills & Trusts Attorney

A well-structured estate plan ensures that your assets are preserved and your loved ones are cared for. Brandywine Estate & Probate Lawyer offers strategic planning through a dedicated wills & trusts attorney who understands the needs of Easton residents. To begin building your legacy, call 484-285-5707 to schedule your consultation.