Insights Into How Our Legal System Works

Potential Mistakes When Creating A Will And How To Avoid Them By Working With An Attorney

9 November 2022 by Yolanda Lane

When creating their wills, many who don't work with legal advisors make costly mistakes that render their documents invalid. This makes it challenging for their heirs to inherit the estate once they are gone. Notably, if a will has errors, family members spend a lot of time and resources seeking the court's authorization to inherit the property. Fortunately, when creating a real estate plan, you can avoid such issues by working with an attorney. They will help you create a will that takes care of your estate according to your wishes. They will also help you avoid the following errors that can invalidate your document.

Creating the Document Yourself

The law does not require you to hire a legal advisor to create an estate plan for you. However, working with one can make the process more streamlined. For instance, they guide you when creating the document to avoid errors that could make your will unusable. They also help you navigate complex issues, including taxation, which can help save your beneficiaries money after inheriting your estate.

Bequeathing Everything Through the Will

Putting everything in the will may be a costly mistake that can make your family spend a significant percentage of their inheritance on taxes. As such, you don't have to award your beneficiaries property solely through a will. Instead, you can give your heirs gifts while you're still alive to reduce the estate tax they will be obligated to pay when they inherit your estate. Even so, there is a limit to the gifts that can go untaxed per year. For this reason, it is best to consult your lawyer before offering gifts to stay within the set limit.

Not Revising Your Document

Certain events and life changes can affect what happens to your estate after death. Therefore, you need to revise your document regularly to ensure its contents align with your current situation. Failure to do so can make your estate plan ineffective, and it might fail to fulfill your wishes. Moreover, a will with outdated information might cause confusion and disagreements during the implementation. As a result, the family members who feel adversely affected by the terms of the estate plan may file cases in court. This is likely to delay the inheritance process, forcing the heirs to wait several weeks or months before inheriting the estate. The most effective way to avoid such a situation is by asking your lawyer to amend your will after major life changes.

While no law compels you to work with a lawyer while creating an estate plan, engaging an estate planning attorney has numerous benefits. These include ensuring that your document is implementable and reflects your wishes. For more information, visit a local law firm's site, such as https://www.linskylaw.com.

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