Most people know about Wills and their basic purpose – to ensure that one’s hard-earned assets go to the right beneficiaries when an individual passes away. However, Wills can be used for a lot more than simply dictating who gets a person’s antique lamp collection. Here is a list of some of the very valuable things a Will can do: - List who gets what. The most common purpose for a Will is to name which individual, or group of individuals, will receive particular property belonging to a person when he or she passes away.
- Name guardians for children. Typically, a Will is the document that states who should raise a person’s children if something happens to the parent. The Will also usually contains at least one alternate in the event the first choice cannot serve.
- Establish trusts. In many cases, a person may not want a child or loved one to receive all of the property that they are inheriting at once. Or, a person may want the beneficiary to be able to use the property for a while and then for it to pass on to someone else. In that situation, an individual may choose to use a Trust. A Trust holds property on someone else’s behalf. In Wills, Trusts are commonly established for minor children so that someone else can manage the children’s money until they reach a certain age when their parents believe they will be able to manage it. Trusts are also commonly used in second marriage situations – a person may want to allow a spouse to have access to certain property while the spouse is living but for that property to ultimately pass to the decedent’s children. Trusts can help accomplish that goal.
- List funeral wishes. Although this is also done in other documents too, a Will commonly states whether an individual wants to be buried or cremated, and where the body should be buried or the ashes should be spread. Sometimes, Wills contain other information about funeral wishes too, like where it should take place and even what readings might be recited.
- Tax planning. Wills can be great tools for tax planning in order to avoid federal or state estate or inheritance taxes. This can sometimes be accomplished by setting up various Trusts.
- Naming executors and trustees. A Will usually states who will be the executor of an estate, which is the person who will carry out a deceased individual’s wishes listed in the Will. Wills can also name the trustee of any Trusts established in a Will, which is the person who will be in charge of carrying out the instructions of the Trusts.
While Wills can serve as powerful estate planning tools, they are only effective if they are properly drafted to suit the needs of each individual. An estate planning attorney can review all your options with you and establish a Will in a manner that ensures your wishes will be honored. When there is no Will In instances where no valid Will exists then intestacy laws which indicate what assets each family member is to receive go into effect. Typically, inheritance is granted to family members according to a specific order. Once the decedent’s debts have been paid from the estate, the remaining assets are distributed among the testator’s spouse, children, parents, siblings, grandparents, grandchildren, or great-grandchildren. Family members who are half-blood relatives are generally considered as if they were full-blood. Without the guidance of an estate litigation attorney, the web of rules involved in the process can be overwhelming and lead to serious errors or even forfeiture of one’s rights. Whether you are an executor, trustee, beneficiary or someone improperly left out of a Will, contact our estate litigation attorneys to discuss your options.
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