McGinty & Belcher Attorneys

Why your Will needs the advice of an attorney

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Writing your own Will can be like pulling your own tooth with a pair of pliers rather than going to the dentist.

Your will needs the advice of an attorney. It is possible to buy a Will form on-line and complete it on your own, without the help of an attorney. However, there are just so many things that can go wrong, from the wording of the document, to the required formalities of how it must be signed and witnessed before it can be valid. In spite of your best efforts, you may end up with a document that is no more effective than a notarized grocery list. Writing your own Will can be like pulling your own tooth with a pair of pliers rather than going to the dentist.

Most people that opt to prepare their own Will do so because they want to save money and don’t want to have to pay an attorney.  But, when mistakes are made, it is possible for their heirs and beneficiaries to spend thousands of dollars on court costs and attorney fees contesting a Will.  Even if no one contests your Will, the Court still has to follow the letter of the law. Many courts will not accept a Will if the Will is not properly executed (with the proper notarization and number of witnesses). Courts will also reject Will provisions that do not make sense. Even uncontested Wills can remain in expensive probate limbo.

Here are a few areas where things can go drastically wrong and where the advice of an attorney can be helpful:

1. Picking the right person as your Executor or Personal Representative.

2.  Putting conditions on a beneficiary’s right to receive inheritance.

3. Designating unusual end-of-life decisions.

4. Designating guardians for children.

5.  Coordinating beneficiary designations and your Will.

6. Dealing with blended families.

Even if your situation seems not that complicated, you can easily screw up filling out the forms.  I know of one situation where a Will left $200,000 to “{Insert name here}” rather than the intended beneficiary.  Also an attorney can flag issues that might be unique to your situation, such as providing for a disabled beneficiary or addressing long term care issues and Medicaid planning. Sometimes a trust will be the preferred method for managing an estate and avoiding probate.

On-line providers acknowledge that their services are “not a substitute for legal advice” and will often recommend that you consult your attorney before considering using their services.  For the cost of a few hours of attorney time, you can get an expertly drafted Will and legal advice, saving your heirs and beneficiaries confusion, time, and money.

Article Provided by:
Kathy Belcher
McGinty & Belcher Attorneys
503-371-9636
www.Mcginty-Belcher.com

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The probate process – How it works and why it’s important

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The Probate process begins with the filing of a Petition for Probate and the court appointment of a personal representative (PR).

Probate is the process of collecting and distributing a deceased person’s assets under court supervision. The Probate process allows for an estate to be distributed to its heirs and creditors in an orderly and systematic manner, but unfortunately it is a process that many of us do not fully understand until someone we love has passed away.

What Happens During the Probate?

The Probate process begins with the filing of a Petition for Probate and the court appointment of a personal representative (PR). The PR is the person nominated by the decedent’s will or the Court to handle the legal affairs of the estate. During a Probate case the PR is responsible for:

  • Providing notice to all heirs and beneficiaries that a probate case is taking place.
  • Providing notice to creditors so they can file a claim for any debt owed to them.
  • Publishing a Notice in the local paper so anyone who has a claim against the estate can notify the PR.
  • Collecting estate assets and submitting an Inventory to the Court.
  • Submitting a list of creditor claims to the Court.
  • Paying the remaining taxes of the estate.
  • Providing a detailed accounting to the Court and to the beneficiaries.

When the Court provides the PR with permission to distribute the estate, the PR must pay all expenses and costs of administration and creditor claims first. The PR is also authorized to receive compensation for their duties. The remaining assets are then distributed among the estate beneficiaries.

Do I Need an Attorney?

Handling a Probate can often involve a number of complexities. Sometimes the Will is contested, there is estate property that must be sold, assets are owned in other estates or tax issues. The PR often becomes overwhelmed by the number of tasks they are responsible for and the high standards to which they are held by the Court. In order to make the process run smoother, it is highly recommended that the PR hire an attorney or law firm, such as McGinty and Belcher Attorneys, to assist them with the preparation and filing of court documents. By retaining an experienced attorney, you can avoid unnecessary delays and minimize any potential complications.
Article provided by: Kathy Belcher,
McGinty & Belcher Attorneys
503-371-9636

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