Creating a strong and robust will
With today’s longer life spans, our lives get more and more complex, and having money and assets to leave behind to friends and family only adds to the confusion. Creating a will that spells out who gets what can help avoid unseemly family squabbles and can help assure that your wishes are attended to.
Assert Your Wishes To Your Heirs
No contest clause is a clause that states your will is to be followed as written, and that anyone who disputes it and loses will lose their claim on any inheritance. Follow up on any wishes you see as being potentially controversial by letting heirs know that your specific decisions on who gets what are made for a reason.
Confirm Your Sound Mind
Sometimes heirs who believe they should have received more will attempt to have a will thrown out on the grounds that you really weren’t of “sound mind” when you made your well. Spend time with your doctor or qualified therapist so that they can confirm your state of mind and reduce the possibility of a challenge.
Test It In A Trust
There are many cases when people are able to bypass the will process completely by creating a living trust while they are still alive. This basically puts all your assets in the name of your trust, for example,. “The trust of J. Smith, J. Smith Trustee.” Upon your death or during times of incapacitation, control is transferred over to a person or persons you designate. It works together with the beneficiary designations on your accounts, as well as indicating appropriate guardians for yourself or minor children.
Verify The Details With A Lawyer
While writing a will can technically be done without a lawyer, “do it yourself” options are far from the best option. Sure, fill in the blank software can be purchased, however, going this route is more likely to leave holes that can lead to a contested will. If you look at these documents at all, it should be to get a basic idea of what types of questions to ask your own attorney before you iron out your own details and make your own will as indisputable as possible.