Title: Should you prepare your Last Will and Testament or get the help of a Last Will and Testament Attorney?

Many times a person will think they have a simple Estate and want only a Last Will and Testament. Brian D. Lerner,  Last Will and Testament Attorney, states this is not only the case. In fact, sometimes, somebody who does only a Last Will and Testament as their entire Estate Plan will come to find out that they might have to pay many thousands of dollars in Probate and sometimes a Last Will and Testament as the only Estate vehicle will make it so that much more estate and death taxes have to be paid. A Last Will and Testament Lawyer will most likely advise you on the different options for trying to decrease the tax burden on your family when you pass away.

 

Brian D. Lerner, Last Will and Testament Lawyer states that you should most definitely get an estate attorney who is familiar with the Last Will and Testament and what provisions mean what to whom. For example, a Last Will and Testament might give everything to two daughters. However, the client might have notified the attorney that the client will be getting married in two weeks. In that case, a Last Will and Testament might not be able to be complied with due to future community property concerns. Thus, on the Last Will and Testament, the Last Will and Testament Attorney should have either excluded community property in the future, or should have had the future spouse enter into an agreement to essentially agree that community property will still go to the daughters.

 

The Last Will and Testament usually will not be all that is necessary to complete the Estate Plan. There are other documents clarifies Brian D. Lerner, Last Will and Testament Attorney. Thus, do not fall into the trap thinking all you need is a Last Will and Testament and everything else is not necessary. One item that should not be done with a Last Will and Testament is to enter into a Will Contract. Brian Lerner, Last Will and Testament Lawyer explains that a Will Contract is essentially an agreement between two or more people that the Will will not be revoked or altered. Will contracts also have problems many times with taxes and gift taxes that are unforeseen.  

It is difficult to  administer this agreement and hard to enforce claims Brian D. Lerner, Last Will and Testament Attorney. Therefore, a Last Will and Testament should be able to be changed in the future through Codicils or subsequent Wills which revoke the prior Will in its entirety. An alternative to a Will Contract in regards to the Last Will and Testament might be a revocable Living Trust. Brian D. Lerner, Last Will and Testament Attorney states this might also have less tax consequences as well. Because of the complexity of the laws dealing with Wills, you should get a Last Will and Testament Lawyer to help. Additionally, the Last Will and Testament Attorney can discuss all the other types of Wills that you might qualify for under the law.

 

 

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