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End of life decisions can be difficult. For most people, thinking about death can be filled with fear, uncertainty, and concern for those that they will leave behind. There is a sense of commitment to ensuring loved ones are cared for throughout our lives, but with the help of a Henderson will lawyer, that duty of care can extend beyond your lifetime through proper estate planning and the creation of a final will and testament.
At Ken R. Ashworth & Associates, our team knows how delicate and important this process can be. We work with our clients to ensure that their final wishes are carried out in the way they intend. The estate planning process can raise many questions, but our dedicated estate planning attorneys use their knowledge and experience to guide you through the process and create a will that fits you and your wishes.
A will is a person’s final testament and part of a person’s estate plan. Estate planning is the process by which a person formally declares what should happen with their assets upon their death, including which beneficiaries will receive those assets. However, this is not all the information a will possesses and can help in a variety of other ways as well. These include:
While your final will may not need to address many of these topics, they are sometimes overlooked because a will is not put into place. When you work with an attorney in Henderson, Nevada, they can help you outline a will that works for you and meets your needs.
A will is one of the simpler ways in which estate planning occurs. In fact, there are only two requirements to successfully create a will. First, you must be at least 18 years of age. Second, you must be of sound mind. That means your will may not be created under duress, while considered legally incapacitated, or have any other mental impairment that would prevent you from creating a will freely.
Recording a will in Nevada begins by writing down the last wishes of the person creating the will. This can be done by the person themselves or by a person they designate to do so. This document must then be signed by two separate witnesses to attest to its validity. If a person creates their own will and does not have any witnesses, they can also sign the document in the presence of a notary who will verify the signature. However, your first conversation should always be with an attorney.
When creating a will, the ideal attorney will be one who focuses on estate planning and probate. The legal field is broad, and some lawyers have experience in a wide range of areas. While many attorneys may be able to help, an attorney who is focused on estate planning will have extensive knowledge to help you design a will that meets your unique needs. Additionally, they will know how to navigate the court system should any litigation become necessary.
The exact cost of a will in Nevada is dependent on a number of factors. Because of these factors, there is not a set amount you should expect. These costs include filing fees, attorney fees, the size and complexity of the estate, and more. It is recommended that you speak with your attorney about the exact costs you could incur during your initial consultation.
Death can occur at unexpected times and as the result of unpredictable situations, and this can come before proper estate planning has been implemented. If you pass without a will, it can become a very difficult process for your loved ones as the court system will assume control of your estate and make determinations on your behalf. This process is known as probate.
The court system will disseminate your property according to intestate laws. This may be different than the expectations your loved ones have as they may feel an entitlement to assets that, according to law, they may not. Examples of how the law works include:
These are just a few of the many ways the law could divide your estate if you do not have a will and trust in place. Unfortunately, these scenarios and others can create tension and division in what would otherwise be a loving family. A will can help ensure your wishes are carried out and family relationships protected.
Creating a will and trust is an opportunity to create the peace of mind that what you worked hard throughout your life to create is taken care of and provided to the people whom you think should be entrusted with it. If you need help with your will or have concerns about one already created, contact Ken R. Ashworth & Associates today. We can schedule a consultation to discuss your needs.