Life is full of adventure and activity. This leads to accumulating a lot of things along the way. From homes, cars, collectibles, and bank accounts, these are things we can't take with us when we pass away. What happens to it then? If you have a spouse and children, they are entitled to those things, as long as you state so. But death can complicate things. Who gets what? Who manages the estate? Having a will in place will help sort out the confusion. Here is why it's important to have a will in place before you pass away.
Leaving the Courts Out of It
If someone passes away and leaves behind a lot of assets, some family members feel they are entitled to it. In most states, the surviving spouse is entitled to the assets, but if a will is in place, who gets what is spelled out clearly. If there is no will in place, or something is in question, the estate can go into probate. From there, the judge will determine the assets and decide who gets what. This is especially true if a home or piece of property needs to be sold and the sale money is divided. It can take years to go through probate as the estate and deciding factors are handled by the courts.
It's important to get a lawyer to help guide you through the process. An estate and wills lawyer can handle all the details of the writing of a will. It will spell out everything clearly, so there is no confusion at the time of death.
Children Can't Fight Over Your Estate
Having a will drawn up makes it so there is no confusion over who gets what. It will be spelled out clearly in the will what each surviving child will inherit. It may also extend to other family members who are living, such as parents, cousins, aunts, uncles, and friends.
Someone will be assigned as the executor of the estate and help oversee all the transactions until the estate is closed. Everything has to be approved by the judge before the estate can be closed. But this takes less time than not having the provisions of a will in place.
A Smooth Transaction for Your Heirs
When a lawyer writes up a will for you or another family member, the goal is a smooth outcome. Everything is clearly listed, and the will should be executed and assets dispersed within state timelines. Some people may contest a will or not wish to participate in the proceedings. If this is the case, the judge is the only one who can make the necessary changes.
A will can be drawn up at any time and changed or rewritten as requested. Your lawyer can help set it up and notify those listed on the document shortly after your death. It helps your loved ones gain control of your assets or other items as set forth in the will. A will is important since it gives you peace of mind knowing that your loved ones will be taken care of long after you're gone.