Find a Wills and Trusts Attorney

Wills and trusts are major parts of the probate process. If an individual dies before they create a will, the state will decide what happens to their property and assets. In most cases, their property will go to their nearest relatives or to the state if no one can be found to claim the inheritance. Not only do wills determine the distribution of property, but they can also stipulate who will care for any children left behind. The two requirements that must be met before a will is legal are the signature of two witnesses and the date and signature of the person creating the will. It is not a legal requirement to involve an attorney in the making of your will; however, it can be extremely beneficial. An attorney can help you avoid future problems as well as help in complicated situations.

There are instances when a will can be challenged in court. This usually happens when a relative feels they have not received a fair amount of property or money. If they can prove the individual was of unsound mind or was forced into making the will, the entire will could be invalidated.

Another estate-planning aspect is a trust. A trust can replace a will or be an addition to a will. Not only that, but it can help people manage their property and assets during their lifetime. A trust involves the owner (trustor) legally transferring their property to a person or organization (the trustee). This organization is to manage the funds for the beneficiary. The trustee is to manage the property to the best of their ability and they could be held liable if they misuse or damage the trust funds.

The two categories of trusts are testamentary trusts and living trusts. The first trust is created after the death of the trustor. A living will or inter vivos trust starts while the trustor is still living. If you have more questions regarding wills and trusts, you should speak with a qualified probate attorney. They will be able to examine your unique case and help you navigate through the often complicated area of wills and trusts.

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