Wills

MCBURNEY LAW

Wills Attorney in Othello, Washington

An estate plan is a very important tool in the arsenal of real estate management, especially within the last few years. One of the tools available in estate planning is a will. While wills are very useful, it also takes careful preparation in order to maximize their potential. A correctly planned will is a highly flexible and potent tool for estate planning, but it is underutilized by many interested citizens.

Why do I need a Wills Attorney in Washington?

By consulting with an experienced wills attorney in Othello, Washington, individuals are able to create a will that allows you to note your intended distribution of assets and wealth after your death. If you have a family member who will be left behind, it would also allow you to designate guardianship for them. Our legal services in McBurney Law Firm can allow you to create your robust Will that covers all of these aspects properly.

Through years of experience, Attorney Patrick McBurney and our lawyer team know the nuances of probate law and estate planning. With this knowledge, our guarantee is that your wishes are followed from planning to court proceedings.

What is a Will?

Wills Attorney Othello, WA A well-written Will is a legal document that ensures the protection of your real estate and assets. It also covers concerns about ownership of your wealth and guardianship for your surviving heirs. This is usually done by writing your intent in a specific Will document and outlining your choices for each important asset. With this preparation, your final wishes will not be cast aside if others try to step in. A proper will should include the following parts: 

  • Appointment of an executor who will proceed with the contents and provisions of the will 
  • Appointment of a beneficiary such as a loved one who will be given said assets for inheritance 
  • Specific plan or instructions regarding the distribution method and time of release for the assets.
  • Chosen guardians for any minor children part of the will. These guardians will also be the ones handling the claim process for the estate that the minor children will inherit.

Most of your assets should be noted down for distribution in your will. Some of them will allow for direct naming under your beneficiaries. This could allow you to directly switch the ownership of the estate without any special considerations in the will. 

While lawyers are not necessarily needed for this process, enlisting the legal advice of an experienced probate attorney can allow you to navigate will preparation in no time. A lawyer can also assist you once litigation is required for more specific asset concerns.

Why do I need a Will in Washington?

A proper Will can allow your loved ones to undergo a smooth and proper probate law procedure. This is the procedure that happens after your death where the court decides how to manage your assets and properties.

With a will in place, your executor proceeds in your probate court with your estate plan according to your specific intentions, ensuring that you have a voice in the matter even after your untimely demise. 

Aside from the emotional incentives for clear estate planning, there are several decidedly pragmatic reasons to set your affairs in order. Chief among these is taxation. Depending on your case, your estate may be subject to federal tax and estate tax. Without careful management, the impact of these tax codes can be financially significant.

Types of Wills

While the basic process outlined above is followed by all wills, different types of wills can have different purposes. Choosing the most appropriate will for your context will help you identify the size of the plan, the perks that you will need or the limitations that could affect the type of plan. These are the most common types of wills available in the United States:

Simple Will

A simple will, as the name suggests, is a simple list of your estate and inheritors who will inherit your assets. This type of will can allow you to arrange your executor and guardian for your younger children. This is usually available as forms online, or templates that could be obtained from different sites.

Joint Will

A joint will is a special type of will that involves two people in the specific document. Usually for couples, this is useful for partners that have multiple joint properties. Because of this special consideration, when one of the pair dies, the other one automatically becomes the executor of the will. While this is extremely useful in speeding up the wills process, it is not as flexible because both parties need to be present in changes to the document. This type of will usually comes up in family law proceedings, especially when joint properties between married couples need to be distributed.

Testamentary Trust Will

As the name implies, there is an embedded testamentary trust in this will which becomes active once the individual dies. This special type of will is used for family law and elder law cases where specific instructions for health care and medical concerns are needed. This applies to cases of special needs beneficiaries or minor children who are directly involved with the inheritance process. 

Living Will

This will is usually for people with major medical concerns that need to be addressed if the patient becomes incompetent. A living will is one of the estate planning documents that allows specific details for your medical care. Unlike the other documents, it does not deal with financial concerns or real estate property.

To clarify, you are not required to have an estate planning lawyer in crafting your own will. But an experienced attorney in wills concerns can give you legal advice to make more descriptive plans, making your will more robust.

Schedule a Consultation with Us!

Deciding how to manage your estate plan after your passing may feel daunting, and it’s a menial task to set aside. But fixing those important estate planning and will concerns now can save your family members much confusion, conflict, and financial hardship later on.

Atty. Patrick McBurney is the owner and operator of the McBurney Law Office. Coming from a reputable law school, he has been an experienced attorney in Washington State for over 25 years. He has practiced law in Idaho, Washington, and is licensed in North Dakota. He has experience in representing thousands of clients in bankruptcy cases and has a broad practice area including public defense, criminal defense, and family law

Our clients have had their questions resolved and their estate planning issue resolved. If you are thinking about getting a will, Attorney Patrick McBurney will be able to help you with our expert legal services. Schedule a consultation with us to help you prepare for the future!

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