A will is the foundation of most estate plans. It says who receives your property, who will manage your estate, and who will raise your minor children if something happens to you. Without one, state law, not you, decides those questions.
What a will does
- Directs who receives your property at your death.
- Names your personal representative, the person who will handle your estate.
- Names a guardian for minor children, and who will manage money left to them.
- Lets you plan for loved ones with special needs by leaving their share in a way that protects their benefits.
What a will doesn’t do
A will is important, but it has limits:
- It does not avoid probate. Assets in your name alone still go through a court process. A revocable living trust can avoid it.
- It does not control everything. Life insurance, retirement accounts, and jointly owned property usually pass by beneficiary designation or ownership, not by your will.
- It does not help if you become incapacitated. That is the job of a durable power of attorney and advance health care directives.
Each state has its own rules
Each state has unique rules, including protections for a family’s home and for surviving spouses, that can override what a will says. A will that ignores these rules may not do what you intended. Moving to a new state with a will from your old one is also a good reason to have your plan reviewed. Our attorneys are experienced in drafting wills in Alabama, Louisiana, and Florida.
Specific legal requirements, and why they matter
Wills have highly specific legal requirements, and the way a will is written has significant implications for your family, your property, and how your estate is administered. Errors in a do-it-yourself or online will often aren’t discovered until after death, when they can no longer be fixed.
Our attorneys are experienced at drafting wills to the correct legal specifications and tailoring each one to fit your needs and your family.
Wills and long-term care
If a nursing home stay or Medicaid is a possibility, how your will is coordinated with your other planning can make a large difference to what your family keeps. We look at your estate plan and your long-term care plan together.
Contact us today for a consultation
Jackson+Jackson prepares wills tailored to each family, never one-size-fits-all forms. Call us today to schedule a consultation.
This article provides general information only. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation is different; please consult an attorney about yours.