At McCarthy Law, LLC, our wills lawyer knows when you are looking into estate planning in East Greenwich, RI it may be time to speak with an attorney to see how we can help you through the process. Many people have seen firsthand how difficult it can be when a loved one passes away without a will. This can make it extremely difficult for your family and anyone you would like to be a recipient of your assets because they may not go to the right people. If you would like to learn more about how our attorneys can help you create a will, give our office a call. We want to help you however we can.
Below, we answer some of our clients’ most common questions.
What does it mean when someone dies intestate?
If someone died “intestate” it means that they did not have a will when they passed away. When this is the case, the state laws will mandate what happens to assets and property instead of abiding by the details and wishes of a will.
I have minor children. What will happen to them?
Our trusted wills lawyer East Greenwich, RI offers understands that those with minor children will have an added concern of what will happen to them if they pass away. The will is just the place to ensure your children will get what they need. You will be able to choose the person you believe is fit to take care of them by putting this in your will. Second, you can establish a trust for your children and place someone in charge of that trust to ensure your child has what they need.
How do I know I need a will?
Many people have this question and we understand that when you have not gone through the estate planning process before you may be wondering if you actually need a will. If you have any assets or property you wish to leave to people when you pass away or if you would like to donate property or money to charity, creating a will is a good option for you.
Get Help From Our Team
Our wills lawyer knows that the estate planning process is not simple and it can be easy to forget everything you want to put in your will. That’s why a member of our team in East Greenwich, Rhode Island is available to serve you when you want to put it down in writing. Interested in creating a will? Contact the reliable wills lawyer today for more information.
Common Myths About Wills
Establishing a proper will ensure that your loved ones will be taken care of after you’re gone. However, you may have bought into several misconceptions about the process that are keeping you from creating one. Here are some common myths a wills lawyer in East Greenwich, RI doesn’t want you to believe.
- It’s Fine to Draft a Will on Your Own: There are many software programs that allow people to establish wills all on their own. Although this might sound like a great idea in the beginning, you should create a will without legal assistance. Wills are actually complicated documents that may contain legal terminology that the average person doesn’t understand. If you make an honest mistake, your will could be invalid. That’s why it pays to have a knowledgeable lawyer on your side. He or she will guide you through the entire process and keep you from making costly mistakes.
- Wills Are Only Necessary for the Wealthy: Unfortunately, some people shy away from establishing wills because they assume it’s just for the wealthy. However, people from all income brackets can benefit from having a proper will. If you have any property, you will want the right people to inherit it after you’re gone. Additionally, if you have minor children, a will allows you to designate guardians.
- Wills Prevent Fights Among Family Members: Although it would be nice if a will could prevent your family members from quarreling over assets after you’re gone, it’s not realistic. Even if you hire an experienced wills lawyer in East Greenwich, RI, family members may still contest the will if they don’t agree with something. This can increase lawyer fees and prolong the entire process. If you discuss your wishes with your family members beforehand, you may be able to reduce the risk of this from happening.
- Once You Create a Will, That’s It: Many people falsely assume that once they establish a will, they don’t have to touch it again. This isn’t the case. It will likely be necessary to update your will several times throughout your life. Generally, when you’ve experienced a major life change, like the birth of a child or divorce, you should look at your will again.
- Your Will Remains Private: As a wills lawyer in East Greenwich, RI can confirm, a will is a public record. That means that anyone can access this document at any time.
What is an executor?
A wills lawyer in East Greenwich, Rhode Island can help you ensure the best future possible for your loved ones after you die.
If you don’t leave a will behind, the state will designate a representative to handle your estate after your passing, and while this responsibility usually falls on your spouse or children, this arrangement doesn’t always work out to everyone’s benefit: If you have a vindictive ex-wife or ex-husband, for example, they could contest the will and try to get access to your estate, while also blocking the rest of your family from receiving anything you’d want them to have after your death.
Instead of letting the stat decide who should handle your estate, you should name an executor. An executor is a trusted individual that you can rely on to follow the instructions that you leave behind in your will. After your passing, everything you’ve worked hard to build for yourself (think of all your assets: Your home, cars, collections, heirlooms) aren’t automatically given to your family and friends. Instead, everything needs to go through the probate process, and your executor is the person in charge of managing everything.
What is the probate process?
Probate is a long and complicated process, so it helps to name someone you can trust as your executor. Even if you have a will, your estate needs to be organized before it’s distributed amongst your beneficiaries. This takes several steps, and it could be several months before your friends and family members finally get what you’ve left behind for them – or whatever’s left of it, at least.
Probate takes several steps. First, your will needs to be sent off to make sure it meets your state’s requirements. (This is why you should always contact a wills lawyer in East Greenwich, RI.) After your will is confirmed as legitimate, your beneficiaries need to be notified of your passing (if they haven’t already) and that the will has been submitted. This may seem like a lot of busywork, but it’s only the opening stages of a potentially long and complicated process.
Once your beneficiaries have been notified, your assets neet to be found and the value of these assets needs to be determined. This usually means professionals need to be brought in to assess the value of everything you owned before your death. And of course, once your assets have been tracked down, your taxes, fees, and outstanding debts need to be paid off.
Finally, after all these hoops, your assets will be distributed to your beneficiaries. It’s a long and windy road, and to make matters more complicated, there’s paperwork and plenty of opportunities for dispute at every twist and turn. When it comes to your will, you can bet that there will be some strife and conflict between some of your beneficiaries – all the more reason to name an executor you can trust, and all the more reason to contact a will lawyer in East Greenwich, RI.
Do I Really Need Will?
A will is a legal document that allows a person to decide how property and assets will be distributed after death. If a will does not exist, the state’s probate court disburses the person’s belongings according to intestacy laws. To keep this from occurring McCarthy law, LLC offers competent services of a Wills lawyer in East Greenwich, RI.
What a Will Lawyer Does
Although you can write a will without the benefit of legal counsel, the best course is to consult an East Greenwich wills lawyer. They can draft your will to ensure it is legal, that your wishes are honored, and anticipate contingencies that could prevent the will from being challenged. They can provide representation in the following areas:
- Administration of estates
- Estate tax preparation
- Family foundations
- Gifting
- Guardianship hearings
- Health care proxy
- Irrevocable trusts
- Living wills
- Power of Attorney
- Revocable trusts
- Preparation of wills
- Probate of estates
- Will contests
Important Matters to Discuss With Your Lawyer
- Wills: A last will and testament gives you a tool for expressing your wishes regarding distribution of your property, guardianship of your minor children, care of your pets and appointment of your estate executor. McCarthy Law, LLC guides you through these crucial decisions and drafts a last will and testament to ensure that your objectives are accomplished.
- Trusts: A trust is an effective estate planning instrument that may offer many potential benefits; such as reducing estate taxes, giving you control of the funds use after your death, preserving your children’s inheritances, providing for the care of your dependents and maintaining continued support of a charitable cause or institution. A wills lawyer in East Greenwich, RI assists you in choosing the right type of trust and establishes the legal instrument that supports your goals.
- Probate: Probate Court filings occur at a time when you are grieving the loss of your loved one. We can expedite the probate process and help preserve cordial relationships with family members.
- Durable power of attorney: A power of attorney (POA) is a legal document that enables you to designate an agent to act on your behalf. The POA instrument may cover financial, medical or end-of-life decisions specifically or permit one agent to make all decisions if you should become incapacitated. We produce POA documents that protect your financial and physical interests.
- Advance healthcare directive: An advance healthcare directive empowers you to make crucial end-of-life and medical decisions in advance in case you ever become incapacitated and unable to express your wishes. We guide you in drafting your living will and appointing a POA who can carry out your decisions.
Questions to Ask a will Lawyer
- What is the usual process to resolve my case? How long will it take to resolve this?
- What are the likely outcomes of a case like mine? What should I expect?
An experienced lawyer should be able to communicate a basic “road map” on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you’ve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.
Get Your Will Drafted Legally
A wills lawyer in East Greenwich, RI helps individuals, couples and families in the creation of simple or complex Wills. A properly drafted document will work to ensure that the disposition of your property, the appointment of an executor for your Estate, and the naming of a guardian for your children are all administered according to your wishes and directives. Contact McCarthy Law, LLC today.
Contact McCarthy Law, LLC today
At McCarthy Law, LLC, we understand the importance of leaving instructions for your loved ones after your death. The probate process is long and complicated, and it’s best to name an executor you know you can rely on before your passing. Reach out to us today, and see how a wills lawyer in East Greenwich, RI can help you plan your legacy.