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A will is a legal document that dictates how your personal belongings get distributed after your death. As people pass retirement age, they often start to consider having a will legally drafted. Although you can create a will on your own, it must be reviewed and prepared by a lawyer to be considered legal. Two or more witnesses must also sign the final draft of the will. These people cannot be named as beneficiaries in the will itself. Younger people also have wills drafted for the purpose of naming a guardian for their minor children if both parents die before the child reaches age 18.
Probate refers to the process of dealing with disputes regarding your estate after you pass away. This can happen when you die without having written a will or your family contests the validity of your will. Probate lawyers assist clients who have disputes about receiving an inheritance of money, property or personal items from a deceased relative.
When Your Relatives May Need to Hire a Wills and Probate LawyerIf you leave real estate or other valuable property to a relative, a lawyer is necessary to legally sign it over to him or her. There are also matters of estate taxes and the payment of creditors that require legal attention. One or more of your relatives may choose to contest the validity of the will, questioning whether you were forced to sign it under duress or you were not of sound mind at the time.
If one of your heirs suspects the will to be invalid, he or she must file the proper paperwork with the probate court. A lawyer will be assigned to the case to research it and make a legal determination. Your will can be re-written if the lawyer can prove mental incapacity, undue pressure or fraud on the part of the lawyer who originally helped you draft your will.
Avoiding Problems with Your Will and EstateIf you want to spare your heirs further grief after your death, plan to prepare a will while you are still in good health. Let each of them know what is says and what your wishes are. You should also appoint an executor of your will who you know to be fair and partial.
What else can I help you with?
Where can I find a good probate attorney?
The guide here can help you find a good lawyer http://wills-probate.lawyers.com/Wills-and-Probate-Selecting-a-Good-Lawyer.html
Who does probate of wills in Acworth ga?
James D. Haley is one lawyer in the area who works on this, here's a list of more: http://www.lawyers.com/Wills-and-Probate/Georgia/Acworth/law-firms.html
Where are wills read?
Probate Court is where wills are read.
Where are Wills and Probate located in Boston?
There are 127 locations for Wills & Probate Law firms located in Boston. There is no company named Wills & Probate. Those are services provided from law firms. Most law firms deal with wills and probates.
What kind of court administers wills?
Probate Court.
What kind of lawyer will answer questions about a will?
Most attorneys can answer basic questions about wills. Those that specialize in wills are referred to as probate and estate lawyers. They know the current state laws and tax laws associated with the process.
Do you need a wills and probate expert?
To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.
Is it possible to file probate without a lawyer in the state of Florida?
No Florida does not require you to use a lawyer to probate an estate, but probate can be complicated
How can you find a wills lawyer?
The services of a wills lawyer can be obtained by browsing through the classified section of your local newspaper. Reiner law also offers services for a wills lawyer.
In Illinois what makes a will go to probate?
The fact that the will exists. All wills need to go through probate to allow proper distribution, evaluation and paying of taxes.
What is a probate?
At death, your will goes through probate. Probate simply means the process by which your last will is determined to be your final dispositive statement and which confirms the appointment of the person or institution you have named to administer your estate. The term "probate" is also used in the larger sense of probating your estate. In this sense, probate means the process by which assets are gathered, applied to pay debts, taxes and expenses of administration, and distributed to those designated as beneficiaries in the will.
Where will lawsuites concerning wills be heard?
At the Probate Court or other court of jurisdiction where the will was filed for probate.
