The concept of writing your will doesn’t seem so complicated, so why do you need a wills and trusts attorney to do it for you? Plus, you don’t even need to make a will, right?
These are just two of many common misconceptions concerning wills, and unfortunately, if you choose to believe them, you may end up leaving your family with a whole mess to sort through without you. Here are some of the most common misconceptions about wills that we hear from clients.
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My debts will disappear when I die.
As much as we all may wish this was true, it’s not. Unfortunately, any debts you leave behind when you die will need to be paid with your estate funds. Once your debts have been paid, what remains of your estate can be passed along to your loved ones as you specified in your will.
I don’t need to make a will.
Many people assume that if they die without a will, their assets will automatically be transferred to their spouse. This is not always true. It really just depends on your net worth. Depending on how much your estate is worth and how many children you have, your children or other family members may end up receiving a portion of your estate.
My family already knows what I want so there’s no need to make a will.
Although you may think your family knows what you want, oftentimes in the event of a loved one’s death, family members may end up prioritizing their own wants, even if they don’t intend to. Additionally, without a legal will, your family will also lack a good deal of power to make decisions about your estate and even who becomes the guardian for your children. Instead, the law may end up dictating much of this if you do not specify it in your will. Protect your family by working with a wills and trust attorney to make sure your family has the power they need to make sure your wishes are respected and followed.
I will avoid probate by making a will.
This is a very common misconception, but it couldn’t be further from the truth. Wills are meant to go through the probate process, but by having a wills and trusts attorney help you draft your will, he or she can also help you avoid probate in the process.
I don’t have any assets so I don’t need a will.
Wills serve more of a purpose than just distributing your personal wealth and assets among your family members. They also dictate the future guardianship of any minor children who are currently in your care. Crafting your will with a wills and trust attorney can help ensure that your children are properly taken care of by someone you trust even in the event of your passing.
I can use an online will kit. It will be easier.
Unfortunately, you can’t always trust that an online will kit will provide all the legal necessities that will result in a smooth process after your death. Many of these kits lack specifics and are too broad to really include everything you need. Your beneficiaries will likely have to fight and dispute the estate-settling process if you use an online will kit, but working with seasoned wills and trusts attorneys will ensure a smooth process from start to finish.
I know what I want and my will is going to be simple. I don’t need a lawyer to help me.
Even if your wishes for your will are simple, sections of legal jargon can make it difficult to fully understand what your will means and ensure that it is written properly. It is a wise decision to work with a wills and trust attorney so you can be certain that you understand what each section of your will means and how it will affect your loved ones once you’re gone.
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