When looking for a wills lawyer O’Fallon MO has several to choose from, but look no further than Legacy Law Center. If you are in need of a wills lawyer in O’Fallon MO, and are interested in one who has won several Top Contributor and Clients Choice Awards over the years, call us today. Our firm was founded in 2012 with the goal of helping individuals and families with proper estate planning. The first step in deciding where your properties will end up is to write a will. Whether you are passing your properties onto your children, or wanting the properties to be sold, a will is necessary for a smooth transition.
The Making of a Will
Anyone can make a will but it can be complicated. In order to not miss anything important, you may want to hire a wills lawyer O’Fallon MO provides, such as the Legacy Law Center. A will is a document which states how an individual’s property, or properties, should be divided up after their passing. As soon as you make a will, you may want to designate someone as the executor to manage the property until it is ready to be distributed. An executor is an individual who has been assigned to make sure the will is met accurately once the respective individual has passed, and the correct individual or family receives the property or properties assigned to them. Some things our O’Fallon wills lawyer may include in your will, is:
- Guardianship- If you still have children that are minors, this will dictate whom will take care of them after your passing.
- Assets- This includes bank accounts, expensive heirlooms, vehicles, etc.
- Property- Homes and other buildings you may own.
A wills lawyer O’Fallon MO citizens can choose from will be able to slowly go through this process with you and make sure you are not missing anything. Our dedicated staff who has been writing wills for years, can use our excellent legal knowledge and passion for this field of work to assist you with any troubles or questions that may arise.
Planning for after your passing can be a distressing time. No one wants to plan for what will happen to them or their belongings once they are gone. Our staff is ready to help ease some of that stress and relieve the burden this may have created.
If you are having trouble deciding who should receive certain things, you are allowed to make changes to your will at any time. One of our wills lawyer O’Fallon MO citizens trust will support any decision you make. You may also ask us for counsel and what we think may be a better solution but the decision is ultimately yours.
Do College “Kids” Need Estate Plans?
Once teens reach the age of majority (usually 18), they are no longer subject to legal decisions made by their parents. As a result, young people are free to make their own legally-binding decisions. Unfortunately, most teens are not educated by their schools or their parents about what this newfound responsibility entails or the consequences it may produce. This is simply not the kind of education that is prioritized in American culture generally. As a result, many teens may have questions about their new legal responsibilities and obligations but have no idea how to obtain answers beyond broad Internet search results. Others may not realize that there are questions they should be seeking answers to at all. Thankfully, an experienced O’Fallon, Missouri wills lawyer can help.
One of the ways in which young people are affected by new personal legal authority upon reaching the age of majority involves estate planning. Many teens are remotely aware that turning 18 means that their parents cannot generally dictate where they go or what they do. But many (if not most) teens are unaware of the fact that turning 18 means that they need to ensure that they have an enforceable estate plan in place. Why would a young, healthy person need an estate plan? Once a young person’s parents no longer make legal decisions on that individual’s behalf as a matter of course, that individual needs to articulate his or her wishes related to property, medical care and decision-making in enforceable ways in order to ensure that those wishes will be respected in the event that the young person is incapacitated by illness/injury or passes away unexpectedly. As it is difficult to ensure that one’s wishes are enforceably articulated without the assistance of a professional, it is generally a good idea to contact an experienced O’Fallon, Missouri wills lawyer as soon as you reach the age of majority.
Estate Planning While You’re in College
If you are an older high school student, are currently enrolled in college or are working your first job(s) as a young person, you need to think about estate planning. This can be an intimidating task and one you might be tempted to put off until the future. But unless you create enforceable documents now, the state will determine whether or not you receive certain kinds of medical care and how your worldly possessions will be distributed in the event you become incapacitated or pass away too soon.
If you have questions about estate planning, please do not hesitate to schedule a consultation with an experienced O’Fallon, Missouri wills lawyer today. Scheduling a consultation will not commit you to creating an estate plan. This initial attorney-potential client conversation is simply designed to empower individuals to make informed choices about their situations.
Should you ultimately decide to begin estate planning, an experienced O’Fallon, Missouri wills lawyer can help you to evaluate your options. You will almost certainly be advised that it will benefit you to create a will, a medical directive and to designate a power of attorney for both medical and financial concerns. However, you may also be advised that it would benefit you to create a trust, secure guardianship for any children and/or pets you may have, etc. No two lives are exactly alike. As a result, no two estate plans should look exactly alike either! Please consider contacting the Legacy Law Center today so that you can begin the process of safeguarding your future interests.
Developing a plan for the future of your loved ones can be outlined through the assistance of a wills attorney O’Fallon MO residents rely on. At Legacy Law Center, our lawyers work diligently with you to understand your goals and desires regarding the preservation of your estate, possessions, and other property.
Information to Consider When Putting Together Your Will
It is a common misconception that only the wealthy need to have an estate plan in place for when they pass away. In fact, just about everyone should put together a will. There are a number of components to creating a will that go far beyond property or money. Since 2012, Legacy Law Center has been helping O’Fallon MO residents outline their final wishes and protect the future of their loved on. We are dedicated to helping our clients come up with a plan that is detailed and encapsulates all of the necessary components.
Benefits of Creating a Will
Working alongside a lawyer to create your will can ensure that the will is inline with the regulations of state laws, provides the greatest tax advantages, and accounts for particulars in your specific circumstances. After your death, a county court makes sure that your final wishes are carried out. A wills attorney in O’Fallon MO may state that the benefits of creating a will may typically include:
- Ensuring your possessions are distributed according to your wishes and to the people you want. If you leave without a written will the law can decide how your estate will be distributed. Having a will allows you a peace of mind that your possessions will be distributed according to your wishes.
- Provides you the power to appoint an executor and/or trustee. This means you have the ability to designate a trustworthy and impartial executor that will honor your terms and conditions of the will.
- A wills attorney may emphasis that writing a will is especially important if you have children that are under the age of 18. In a will, you have the ability specify who will be responsible for your children in the tragic event of the death of both parents.
- A will gives you the opportunity to make specific funeral arrangements. This lowers the stress for loved ones and assures your body will be treated in the way you desire.
- An experienced O’Fallon wills attorney may be able to help quicken the legal process as well. If a will is created then it is faster and less costly to settle an estate. Legal fees are also reduced which helps to protect the value of your property and assets.
- Above all, a wills attorney can help make a difficult time less difficult. Losing someone is incredibly hard, a will outlines your exact wishes – from the funeral arrangements to property distribution. During an emotionally difficult time a will can keep your loved ones from having to deal with bureaucracy during a time of grieving.
There are several benefits to creating a will and a trusted wills attorney can help you be at peace with how your assets and possessions will be handled in O’Fallon MO.
Avoiding Family In-Fighting Over Estate Planning Issues
If you are concerned that tensions between your loved ones may erupt once your family and friends learn about the terms of your estate plan, please know that you are not alone. Millions of Americans struggle with crafting their estate plans, partially because they are concerned about the ways in which their loved ones will respond to their wishes. Thankfully, experienced O’Fallon, Missouri wills attorneys tend to know just how to structure estate plans in order to mitigate potential tension as much as possible while still honoring a client’s needs and preferences. Whether you have yet to construct an estate plan or your existing estate plan needs to be updated, a Legacy Law Center estate planning lawyer can help.
Tips to Minimize Family Conflict Over Your Estate
One of the most effective resources you can use in order to minimize the risk that your estate plan will cause and/or inflame family tensions is honest communication with your O’Fallon, Missouri wills attorney. If your attorney is unaware of what your concerns are and what those concerns are rooted in, he or she will not be able to help you as effectively and efficiently. Consultations with your attorney are confidential, so please do not be shy about sharing your questions, needs and concerns.
Second, you may benefit from sharing your preferences (or at least some of them) with your family once your estate plan has been constructed or updated. Certain loved ones may not like your wishes, but if you share them openly, you will give your loved ones time to process your decisions. That way, when you pass away, no one is left feeling shocked or hurt in ways that cannot be addressed in this lifetime.
Finally, take time to carefully consider whether a significantly disparate division of assets among your beneficiaries is what you truly want. Familial tensions are bound to flare when one child is gifted significant sentimental property and another is only granted a share of a life insurance policy. Make sure that you have thought through the ways in which your estate plan will affect your loved ones into the future and communicated any concerns to your O’Fallon, Missouri wills attorney.
Estate Planning Guidance Is Available
If you have questions about how to avoid family conflict related to your estate plan, please do not wait to seek legal guidance and support. Protecting your family from unnecessary tension is arguably just as important as safeguarding your wishes as they relate to your estate plan. It may not be possible to remove all risk of tensions between your loved ones in regards to your estate plan. However, an O’Fallon, Missouri wills attorney experienced in this area of law should be able to help you mitigate this risk to the extent that doing so is possible under the circumstances.
The ways in which your estate plan is both initially structured and subsequently updated may impact your loved ones in any number of ways. Please do not make assumptions regarding the ideal ways to structure and update your estate plan until you have received professional guidance and support from a O’Fallon, Missouri wills attorney. Your future self (and your loved ones) may thank you for making this thoughtful effort!
Identifying an Estate Executor
As stated above, one key benefit of creating a will is the ability to appoint someone as the executor. The executor is responsible for distributing your property and assets after you pass away. Ultimately, they will carry out the details outlined in your will. You will want to appoint someone that you can trust and who is up to the task of taking on this important responsibility. In most cases, a family member in O’Fallon MO is usually identified as the executor of the will. There are a number of duties that an executor is responsible for:
- The executor will be responsible for obtaining the will and reviewing it. They will then need to file the will in probate court in O’Fallon MO before any assets can be distributed.
- The executor will need to notify any accounts that were held by the decedent. This could include banks, credit cards, and student loans. Notifying the Social Security Administration will be important as well.
- An executor will need to take stock of all the property and assets that were listed in the will.
- The executor will distribute all assets to beneficiaries.
- The executor will maintain any properties until they are disbursed to beneficiaries.
It may be a good idea to identify a backup executor in the event that the originally appointed executor declines the responsibility. A wills attorney can help you document this.
How is a Will Validated?
Before assets can be disbursed to beneficiaries, the will must first be validated in probate court. Probate is the first step to the process of distributing assets. Probate ensures that any outstanding debts are taken care of through the estate and that the will is carried out in the way you would have wished. During this time, the executor will assume responsibility of the estate or will. There are a few items commonly included in wills that can avoid the probate process:
- Retirement accounts that named a beneficiary
- Personal bank accounts
- Community property
- Some household goods
Without a Will
When there is no will in place, you put the division of your property in the hands of the courts. The process can become incredibly complex very quickly. Dying “intestate,” or without a will or trust, is the last thing that you will want to happen. The outcome really will vary depending on your marital or relationship status and whether or not you have children.
Finding the Right Help
Outlining decisions about the end of your life can be very difficult and saddening; however, it is an important process that can help others once you leave. Legacy Law Center is here to assist you and help you explore different options. We may help you navigate the creation of your will with ease and ensure that all of the necessary components are incorporated into the document. Our attorneys have your best interest at heart and may help you organize your wishes in a legally recognized manner. To schedule a free consultation with a dependable wills attorney O’Fallon MO residents can turn to, call us.
Understanding a Will Contest
There are many reasons why a will might be contested. This includes accusations of fraud, forgery, undue influence, or a lack of testamentary capacity. At the core of a contested will is someone’s belief that the will does not reflect the testator’s intent or that it is completely invalid.
To contest a will, you will need to have a wills attorney in O’Fallon MO file a formal petition or objection with the appropriate court. It is also crucial that the petition is correctly filled out and filed. Otherwise, the court might dismiss the claim. An attorney from Legacy Law Center can handle all of this for you. Call us to find out more.
The Legal Basis for Challenging a Will
It is not enough to simply claim that the testator’s intent is not reflected in their will. The requirement for a wills attorney in O’Fallon MO to file a petition, there must be legitimate grounds. Examples include:
- Duress
- Coercion
- Undue influence
- Forgery
- Fraud
- Lack of testamentary capacity
- Improper execution of a will
- Superseded will
Your claim will need to be backed by evidence and other forms of proof. Every state has different rules pertaining to will challenges. To learn if you have valid grounds for contesting a will, talk to a wills attorney in O’Fallon MO from Legacy Law Center.
Is Hiring a Wills Attorney in O’Fallon MO Necessary?
Contesting a will is not easy for most people to do on their own if they are not a lawyer. At Legacy Law Center, when you work with a wills attorney in O’Fallon MO from our firm you’re hiring years of experience and specialized training. Our legal team is intimately familiar with estate law and we have a thorough understanding of the court system.
Trusted | Considerate | We Stand On YOUR Side
The goal of a wills attorney in O’Fallon MO from Legacy Law Center is to work alongside our clients to develop a strategy that gets results. When you call us for a consultation, we’ll review your needs and evaluate the benefits and risks of taking legal action. As a will challenge law firm, we can handle a broad range of contested estate matters, including these:
- The validity of a will
- Power of attorney
- Codicils
- Beneficiary designation of paid-on-death accounts
- Family and friend disputes
- Creditors
- Estates
We will make every effort to resolve your legal matter through alternative dispute resolution; however, we are prepared to litigate a case if necessary. Whether you are contesting a will or are being accused of undue influence or forgery of a will, you should strongly consider getting legal representation.
Choose the Legacy Law Center
Though it may be hard to think about, it is better to be prepared than to have your family members put together the pieces after your passing. By not having a will, it may cause tension between family members and may even cause fights to break out. Our firm is ready to help the citizens of Missouri tackle any problem that may arise when writing a will. For a wills lawyer O’Fallon MO citizens can trust, call the Legacy Law Center.