How a Will Works and Why You Need One

Essential Insights for Your Estate Planning Creating a will is crucial in ensuring your wishes are honored, and your loved ones are taken care of after your passing. At Stone River Law, we aim to empower our clients with the knowledge they need to make informed decisions about their estate…
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Essential Insights for Your Estate Planning

Creating a will is crucial in ensuring your wishes are honored, and your loved ones are taken care of after your passing. At Stone River Law, we aim to empower our clients with the knowledge they need to make informed decisions about their estate plans. This article explains how a will works, why having one is essential, and why you should set up a trust alongside your will for comprehensive estate planning.

How a Will Works

A will, also known as a last will and testament, is a legal document that outlines how you want your assets distributed and who you want to manage your estate after you pass away. Here’s how it functions:

Drafting a Will

The first step in creating a will is drafting the document. This process involves detailing your wishes regarding the distribution of your assets, appointing guardians for any minor children, naming an executor, and specifying any other instructions you may have. Working with an experienced attorney is essential to ensure your will meets all legal requirements and clearly expresses your intentions.

Executing the Will

To be legally valid, a will must be executed according to state laws. In Utah, this typically involves signing the will in the presence of at least two witnesses who also sign the document. To avoid potential conflicts of interest, these witnesses should not be beneficiaries of the will.

Storing the Will

After executing your will, store it in a safe place where your executor and loved ones can easily access it when needed. Informing your executor and key family members about the location of your will is crucial.

Probate Process

When you pass away, your will may need to go through the probate process. Probate is the legal procedure where a court reviews your will, authorizes the executor to distribute your assets according to your wishes, and ensures any debts or taxes are paid. While probate can be time-consuming, having a clear, well-drafted will can streamline the process and minimize complications. In many cases, a living trust can be used alongside a will to avoid the need for probate.

Why You Need a Will

Control Over Asset Distribution

  • A will allows you to specify exactly how you want your assets distributed. Without a will, state intestacy laws determine who inherits your property, which may not reflect your wishes. By having a will, you can ensure your assets go to the people and causes you care about most.

Appointing Guardians for Minor Children

  • If you have minor children, a will lets you appoint a guardian to care for them if both parents pass away. This decision is critical for your children’s future well-being and allows you to choose someone you trust to raise them.

Naming an Executor

  • Your will names an executor to manage your estate and ensure your wishes are carried out. The executor handles tasks such as paying debts, filing taxes, and distributing assets. Choosing a reliable and capable executor ensures your estate is managed efficiently and according to your wishes.

Minimizing Family Disputes

  • A clear and legally binding will can help prevent disputes among family members about your intentions. By outlining your wishes explicitly, you reduce the likelihood of conflicts and misunderstandings, providing peace of mind for your loved ones.

Why You Might Want to Set Up a Trust Alongside a Will

Avoid Probate

  • Assets placed in a trust do not go through probate, which can save time and reduce costs for your heirs. This means your beneficiaries can access their inheritance more quickly and without the public scrutiny that probate can involve.

Protect Privacy

  • A trust keeps the details of your estate private. Unlike a will, which becomes a public record during probate, a trust remains confidential, ensuring your family’s financial matters are not disclosed to the public.

Managing Assets for Minors

  • A trust allows you to set specific terms for how and when your assets are distributed, which can be particularly beneficial for minors or individuals with special needs. This ensures they receive ongoing financial support and protection according to your wishes.

Providing for Incapacity

  • A living trust can manage your assets if you become incapacitated, ensuring your financial affairs are handled without needing a court-appointed guardian or conservator. This can provide peace of mind that your finances will be managed according to your instructions.

Flexibility and Control

  • Trusts offer more flexibility and control over your estate plan. You can set conditions for distributions, manage tax implications more effectively, and even alter or revoke the trust if your circumstances change.

How Stone River Law Can Help

  1. Personalized Consultation
  2. Comprehensive Estate Planning
  3. Ongoing Support

At Stone River Law, we understand estate planning can be complex and overwhelming. Our experienced attorneys are here to guide you through the process, ensuring your will and other estate planning documents meet your needs and protect your interests.

Secure Your Future with Stone River Law

Don’t leave your loved ones with uncertainty and potential conflict. Contact Stone River Law today to schedule a consultation with our estate planning team. Let us help you create a comprehensive estate plan that provides peace of mind for you and your family.

Originally Published: July 29, 2024

How can we help you?

Call us at 801-448-7451, or use this contact form.

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