The last will and testament is a vital cornerstone of estate planning. This legal document provides a probate court with guidance on important issues like the distribution of your property after you pass away.
Developing a will is important. It can ensure that your final wishes are respected, and those that you love are cared for. With the assistance of a dedicated estate planning attorney, it could be possible to develop a will that makes sense for you and your needs. Before you attempt drafting this document on your own, you could benefit from a discussion with a seasoned Riley County wills lawyer.
There are technical requirements that a will must comply with to be considered legally valid in the state of Kansas. If the document does not meet those requirements, a court could find it invalid and prevent it from going into effect. This outcome could undo years of careful estate planning. Thankfully, a Riley County wills attorney could ensure these documents meet the requirements established in the law.
The first requirement for any will is competency. A person must be in a frame of mind where they understand the impact a will can have before they can execute one themselves. This means a person that is found not to be of a sound mind is unable to create a last will and testament that will survive scrutiny in the courts.
Related to the issue of competency is the age requirement. Minors are not considered competent to create a will, meaning that these documents are only valid if they are executed by someone of sound mind that is also at least 18 years of age.
Finally, a last will and testament must be in writing. Not only must the creator of the will sign the document, but they must do so in the presence of two witnesses. These witnesses, who must not be set to inherit from the will, must also sign the document in the creator’s presence.
There are different purposes for a last will and testament. These documents are flexible, allowing a person to meet their needs in a variety of ways. A will creation lawyer in Riley County could ensure these legal documents address every important issue.
The most common reason for setting up a last will and testament is to ensure the assets of the decedent are distributed in a way that they prefer. This distribution could pay off any debts the estate had before providing heirs with the financial resources they need.
Another crucial use for a will is to nominate a personal representative. The personal representative of an estate is charged with handling the distribution of assets and the management of the probate case. A will can nominate a specific person to serve in that role.
In addition, a will is about more than ensuring certain people receive financial assets. A will could also be used to disinherit someone that would normally be an heir under state intestacy laws.
If you intend to create a last will and testament, it is vital that you comply with all of the legal requirements. These documents can help ensure your final wishes are adhered to, but only if your will passes muster in court.
Let a Riley County wills lawyer help you develop a plan for the future. Call right away to learn more.
