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Why is an estate planning attorney needed for Wills?

Estate Planning Attorney

Helana estate planning attorneyA Will is a versatile estate planning tool that our Helana estate planning attorney describes as being an essential component of any estate plan. Here are five reasons why an estate planning attorney is necessary when establishing a Will. 

Laws vary by state.

A Will is a set of legal documents that dictates how property and assets that are in your possession when you die are to be distributed and otherwise disposed of. Wills offer an opportunity to have a varying level of control over how your assets are distributed, although the laws governing Wills vary widely by state. Although a Will affords you a high level of control over the disposition of your property following death, there are state-specific rules that may prevent you from disinheriting spouses and/or children.

Some actions are excluded from the reach of a Will.

In many states there are laws referred to as “spousal rights of election laws”. Spousal rights of election laws enable spouses to assert interests in your estate, despite what the terms of the current terms of the Will, or other related estate disposition documents may state. Certain assets are usually excluded from the reach of a Will, and are passed to a specific person that is designated as a beneficiary, functioning independently from a Will. An estate planning attorney from Silverman Law Office, PLLC will ensure that you understand what a Will can and cannot do.

An attorney can help establish primary objectives of your Will, which may vary widely based on your needs.

A Will is a widely used estate planning tool used to assist in executing widely various family and tax objectives. There are three distinct Will-types. Commonly known as a simple Will, simple wills outline distribution of assets after death. Testamentary trust Wills are slightly more complex, as they outline the procedures necessary to establish one or more trusts after you die. Similarly, pour over Wills may leave probate assets to living trust, a kind of trust that is established while you are still living. (Also known as an inter vivos trust).

An estate planning attorney can help when you die intestate, or without a Will.

There are state-specific laws that determine who your property and assets are to be distributed to if you die without a Will. The legal term commonly used to describe this scenario is called “intestate”. Again, these laws vary between states, but commonly property is distributed to either your spouse or children. In the event that you have no children or spouse in the picture, your property may be distributed to other family members, as determined by laws specific to your state. An estate planning attorney from Silverman Law Office, PLLC is available to provide guidance in the event that a spouse or child dies without a will. 

An estate lawyer can help define additional objectives you wish to achieve with your will.

Generally speaking, a Will provides a number of benefits that aim to minimize court intervention in regards to matters of your estate. Most would agree upon the importance of having ultimate control in the designation of who would become a legal guardian for your minor children in the event of death. Designations for guardianship over minor children can be prescribed in your Will to help avoid court involvement after your death. An estate planning attorney will be able to help establish additional objectives that may be beneficial to implement by means of your Will.

If you are beginning the process of establishing a Will, or have other questions about planning for the future, contact Silverman Law Office, PLLC to get in touch with our legal team today.


Fill out the form below to get in touch with our legal team or call Bozeman office at (406) 582-8822 or our Helena office at (406) 449-4829 to talk to someone right away.

Silverman Law Office - Bozeman

504 W. Main St.

Bozeman, MT 59715

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Silverman Law Office - Helena

2620 Colonial Drive

Helena, MT 59601

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