Tuesday, October 29, 2019

Will Lawyer

A Will Lawyer helps you write your Last Will and Testament among other things.

A Will Lawyer is Usually an Estate Planning Attorney

Will Attorney

Estate planning attorneys help with much more than just writing a Last Will and testament. A Will is just the “down payment on probate.” A Will requires probate to be validated and activated. Wills provide no lifetime protection.

Most of all, the attorney should focus on helping you and your family gain peace of mind.

  1. Estate planning attorneys help coach you and create documents to protect your affairs during your lifetime while providing privacy for your private family business. This usually takes the form of a Durable Power of Attorney, Healthcare Power of Attorney, and Advance Directive.
  2. The lawyer coaches you on how to avoid probate. There are many tools available to help you avoid Probate.
    • Revocable Living Trusts
    • Irrevocable Trusts
    • Payable on Death
    • Transfer on Death
    • Title on Death
    • Beneficiary Deeds
    • and more

What is a Will?

A Last Will and Testament accomplishes 3 things

  1. Names your executor or executrix (personal representative)
  2. Names the person you want as a guardian for your minor children
  3. Lists the final gifts you want made

Also, a Will can create a trust. For example, if you leave something to somebody under 18 years old, then you can put language in the Will to create a trust to hold their money.

The remainder of the trust lists out the powers your personal representative shall have. Depending on what powers are listed in the Will, your personal representative may have to make several trips to court. It is permissible in Arkansas to proceed under the authority granted in the Will.

Is a Hand Written Will Valid in Arkansas

So long as the Will is

  • Completely in your writing
  • Doesn’t leave out any children (even disinherited children must be mentioned), and
  • Is properly signed and witnessed

a hand written will is valid in Arkansas.

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