Wills attorneys

What is a will?

A will is a legal document that allows you to decide what happens to your assets and personal belongings after you pass away. It's your way of ensuring your wishes are carried out and your loved ones are taken care of according to your intentions. A will lets you name who receives your property, designate guardians for minor children, and appoint someone you trust to handle your affairs.

Without a will, state laws determine how your assets are distributed, which may not align with your wishes. This process, called intestate succession, follows a predetermined formula that doesn't account for your personal relationships or preferences. Having a will gives you control over these important decisions and can help avoid confusion and disputes among family members.

A properly executed will covers several key areas:

• Distribution of your assets, including real estate, bank accounts, investments, and personal property
• Guardianship arrangements for minor children
• Appointment of an executor to handle your estate
• Specific bequests to individuals, charities, or organizations
• Instructions for digital assets and personal effects

Types of wills

Different types of wills serve different needs and circumstances:

Simple Wills are appropriate for straightforward situations where you want to leave most or all of your assets to a spouse, children, or other family members. These typically include basic provisions for asset distribution and executor appointment.

Pour-Over Wills work alongside a trust, directing any assets not already placed in the trust to "pour over" into it after death. This ensures comprehensive coverage of your estate plan.

Joint Wills are single documents created by married couples, though these are generally not recommended due to their inflexibility after the first spouse dies.

Living Wills are actually advance directives for healthcare decisions, not traditional wills for asset distribution.

The right type of will depends on your family situation, the complexity of your assets, and your overall estate planning goals.

Do you need an attorney for a will?

While it's legally possible to write a will yourself using online templates or forms, working with an attorney helps ensure your will is properly executed and legally enforceable. Wills must meet specific legal requirements that vary by state, and mistakes can lead to costly delays or disputes. If you’re going to make the effort to create a will, an attorney can help you ensure that it serves its intended purpose.

An attorney can help you:

• Ensure your will meets all legal requirements in your state
• Address complex family situations or asset distributions
• Coordinate your will with other estate planning documents
• Plan for tax implications and minimize potential estate taxes
• Avoid common mistakes that could invalidate your will
• Update your will as your circumstances change

DIY wills often contain errors or omissions that can create problems later. State requirements for witnesses, signatures, and language can be technical, and what seems like a minor mistake might affect the entire document's validity.

When should you hire an attorney for a will?

You should consider working with an attorney when creating or updating a will, especially if your situation involves anything beyond the most basic asset distribution. Even seemingly simple estates can benefit from professional guidance to ensure everything is handled correctly.

Consider speaking with an attorney about your will if:

• You own real estate, business interests, or substantial assets
• You have minor children who would need guardianship arrangements
• Your family situation is complex, with multiple marriages, stepchildren, or estranged family members
• You want to make charitable bequests or set up ongoing support for beneficiaries
• You have concerns about potential disputes among family members
• You haven't updated your will in several years or after major life changes

Life changes that should prompt a will review include marriage, divorce, births, deaths in the family, significant changes in assets, or moves to different states.

How an attorney helps with your will

Creating a will involves more than just deciding who gets what. An attorney provides guidance that helps ensure your wishes are clearly expressed and legally protected.

Comprehensive estate planning strategy

Your will is one part of a complete estate plan. Your attorney will help you understand how your will works alongside other important documents like powers of attorney, healthcare directives, and potentially trusts. They'll ensure all these documents work together effectively and address gaps that might otherwise leave your family without clear guidance during difficult times.

Proper legal execution and compliance

Each state has specific requirements for how wills must be signed, witnessed, and documented. Your attorney will ensure your will meets all legal requirements and is executed properly to avoid challenges later. They'll also help you understand how to store your will safely and ensure your executor can locate it when needed.

Ongoing updates and maintenance

Life changes, and your will should reflect those changes. Your attorney will help you understand when updates are needed and ensure amendments are handled correctly. Whether you're adding new beneficiaries, changing asset distributions, or updating executor appointments, proper legal guidance helps maintain your will's effectiveness over time.

How much does it cost to have an attorney prepare a will?

The cost of having an attorney prepare a will varies depending on the complexity of your estate and your specific needs. Simple wills for straightforward situations typically cost less than complex documents involving multiple beneficiaries, business interests, or tax planning considerations.

At Lawhive, we believe in transparent pricing with no hidden costs. You'll know exactly what you're paying for at each step of the way, with no hourly billing or surprise fees. We'll provide clear cost information upfront based on your specific situation.

How long does it take to prepare a will?

Most wills can be prepared within a few weeks, depending on the complexity of your situation and how quickly you provide necessary information. Simple wills with straightforward asset distribution may be completed more quickly, while complex estates requiring detailed planning may take longer.

The timeline typically includes:

• Initial consultation to understand your goals and family situation
• Document preparation based on your specific needs
• Review and revision as needed
• Final execution with proper witnesses and notarization

Your attorney will provide realistic timeline expectations based on your specific circumstances and ensure the process moves efficiently while addressing all important details.

What you can expect from a Lawhive attorney

From day one, your Lawhive attorney is here to make the will preparation process straightforward and give you confidence that your wishes will be carried out. You'll speak with our experienced team right away so we can understand your family situation and what you want to accomplish. Then you'll get a clear idea of the costs, with no hourly billing or hidden fees, before your attorney gets to work.

We work with vetted local counsel in your state who understand estate planning law and know how to prepare wills that protect your family's interests. They take the time to understand your unique situation, explain your options in plain English, and guide you through every step of the process. Most importantly, they're focused on creating a will that gives you peace of mind and provides clear guidance for your loved ones.

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