A Will is a document that establishes the beneficiaries of your assets and appoints a personal representative to carry out your wishes after you pass away. The assets that pass through a Will are subject to probate, a process in which the court oversees administration of the Will in order to establish and confirm its validity, and ensure that the property gets distributed the way the deceased intended, according to their Will.
DK Rus is a Maryland estate planning lawyer with over two decades of experience in the industry. She is dedicated to providing her clients with all of the resources they need to make the best legal and estate planning decisions possible. Reach out to DK Rus Law and start planning for the future today.
Protecting and Providing for Your Loved Ones
Less than 50% of American adults have a will in place. Why? Probably inertia. People know they’re going to pass away eventually, but it’s often easier to avoid that fact and everything surrounding it. The reality is that people die every day. Some people are elderly or have a medical diagnosis that enables them to be aware that their time is coming, but many are taken without prior warning.
Unfortunately, if you die suddenly without a will, you’ll be leaving your family with a lot of unnecessary and often expensive legal matters to handle at an already difficult and emotional time. The best way to avoid this is working with an estate planning lawyer on your will as soon as possible.
A will can be simple to produce, but it must do a few specific things to be effective:
- Name the person who will handle your affairs after death, know as a personal representative.
- Name a guardian for any minor children you have.
- List your assets and spell out exactly how you want your property distributed.
Choosing a Personal Representative for Your Will
Appointing a personal representative means you are trusting this person with your future when you can no longer act on your own behalf. This is a big decision that carries a lot of responsibility. You may be tempted to give this responsibility to a spouse, but it’s important to consider their risk of illness and the untold grief they may be overwhelmed with upon your death. it’s best to choose someone who is reliable above all else. That person may be one and the same, but if they aren’t, it can be helpful to look at other relatives who may better be able to carry out your wishes.
The process of dealing with probate court can be a burden, so make sure the person you choose is ready to shoulder it. Picking a young, healthy family member or friend to act as personal representative for your Will is often a good choice. The process of dealing with probate court can be a burden, so make sure the person you choose is ready to shoulder it.
Legal Assistance for Wills in Probate
Probate is a legal proceeding in which the property and debts of a deceased person are handled and distributed. The primary focus of probate is to ensure all of the deceased person’s debts are paid and that the remaining assets are distributed appropriately. This process can be time-consuming and costly for your loved ones and beneficiaries after your death, but working with an experienced estate planning attorney in Maryland can help ensure a more favorable outcome.