Estate Planning Lawyer St. Charles MO

Estate Planning Lawyer St. Charles MO

Estate-Planning-Lawyer-St.-Charles-MO-lawyer-going-over-paperwork-with-clients-An estate planning lawyer in St. Charles, MO from Legacy Law Center is accustomed to answering questions about estate plans. And it’s only normal for people to wonder whether they need to write an estate plan, or not. Unless you want the court to oversee and manage your assets after passing away, then you’ll need to start writing an estate plan now. Here are examples of questions clients may ask us during an appointment with our team: Moreover, there are reasons why a will is not only important to get done on time, but also why it is important from a moral standpoint as well.  When it comes to aspects pertaining to a will, it is important to plan ahead of time.  One of the reasons why this is the case, is because there are times, where someone knows that they are going to pass away. Some examples of this include old age, stage 4 cancer, etc.  In these instances, it is essential for the loved one who is passing to discuss the importance of a will, before he or she passes. This could include factors such as giving away finances, giving away gifts or other cherished goods, and more.   

Why Should I Write a Will?

A last will and testament can help you protect your assets and loved ones. You can use a will to name guardians for minor children, leave property to people or charity, appoint someone to handle your final wishes, and so much more. The purpose of a will is to leave behind terms for how you want your belongings, money, and other assets to be distributed to those you care about the most.  Moreover, there are different reasons, as to why writing a will is important, in relation to the fact that it comes from a personal place.  When it comes to the people who end up writing a will, there is a strong aspect that should be focused on, in relation to the emotional core that should be brought forth.  For example; people often write a will, when it comes to the acknowledgment that they are dying, that they are in danger of having cancer that might go to stage 4, something that is incurable, and more.  These are some of the major factors that are often focused on, when it comes to the aspects pertaining to why one chooses a will.  Moreover, when it comes to the reasons why someone should write a will there should also be a focus on how family members will be affected as well. For example; when one writes a will (such as for an estate), some of the questions that should be asked, should be as follows: 

  • Who am I writing a will to?  
  • How would these aspects tie into an estate?  
  • How far ahead am I in writing the will? 
  •  What does the will mean? 
  • How will the will impact my family? 

These are some aspects that should be taken into consideration.  

Are There Requirements For Making a Will?

To establish a will, you must be of sound mind. Essentially, you must be in a state of health that allows you to make reasonable judgements. You have to be 18 years or older, or have been emancipated by court order of active military duty or marriage. Your will can include wishes pertaining to disposing of personal property, whether you want to be a candidate for body donation, and more. One of the reasons why one must be 18 years or older to make a will, is because of the responsibility that a will contains.  For example; due to the process that one must go through when it comes to work, such as those through a will, the process would likely be more difficult to go through, for an 18 year old.  Legally they would be an adult, but since they may have more difficulty dealing with something that is such an in depth process, parents may need to step in to assist.  

Can a Will be Stated on Video or Audio?

As your MO estate planning lawyer in St. Charles can explain, your wishes must be written on paper and signed and witnessed based on law. Some states do allow nuncupative wills, but only under limited situations. To make an oral will valid, you have to create it while under imminent peril of your life and have succumbed to that peril by death.  Moreover, video and audio can be more effective for a will, then a written will.  One of the reasons why this might be the case, is because video and audio, help a person to see and/or hear the emotion, behind a person’s will to leave money behind, their emotional state and how they want to be remembered, and more. 

What if I Die Without a Will?

If you die without establishing an estate plan, then property will be distributed based on state intestacy law. What this means is that your property will be transferred to relatives, starting with who is still alive and closest to you in relation. Your children, parents, and grandchildren may be first to receive property, and then the list goes on outward to more distant relatives, such as siblings, aunts, uncles, etc. Any living person related to you to the ninth degree may be awarded a portion of your estate. If the court finds that you have no relatives to the ninth degree by blood or marriage that are still alive, then they will take the property.

Writing an estate plan can be made easier by having a reputable lawyer on your side. If you have a question about estate planning, don’t hesitate to reach out to our estate planning lawyer in St. Charles, Missouri from Legacy Law Center for more information!

4 Reasons to Make a Will

Many people do not like thinking about their own demise, which is understandable since it does bring warm and fuzzy feelings. The only problem is that it can keep people from planning their estate or creating a will because they don’t really want to think about it. However, it is wise to take the time and consideration to plan for your future and the future of your family. An estate planning lawyer St. Charles, MO residents trust from Legacy Law Center can guide you through and provide legal advice. Contact us today to schedule an appointment. 

  1. Have a Plan
    There are more situations than death that could arise that you can plan for as part of your will, which will be helpful for your family so that they know your wishes if you are in a condition where you are unable to communicate them. Your will can detail your wishes for any foreseeable circumstances so that you will have a plan in the event that you’re unable to take care of these things on your own.
  2. Protect your Money
    If you don’t have a will when you die, much of your assets and money could go to the state, losing money for your loved ones that they may need, especially if they are used to depending on you for an income. If you want to have a say in where your money goes when you are no longer in need of it, then it is recommended that you create a will with the help of a St. Charles estate planning lawyer.
  3. Peace of Mind
    Even though creating a will isn’t fun to do and feels like a difficult process, having a will set in place can give you peace of mind that you are prepared for whatever the future may hold and that your family will be taken care of. You may not be excited about it, but getting your will planned and done with could help you rest easy knowing that it’s done and ready and just in case.
  4. Protect your Family
    It feels unfair, but in some states and situations if you don’t have a will to determine the beneficiaries for your money and assets your family may lose a lot of money to the state. Because of this it is important to protect your family by ensuring that they will get as much as possible. Even if you don’t have a family to look out for, you may want to consider charitable donations for organizations that are important to you – instead of the state taking most or all of your assets that you leave behind.

Call Us Today

Don’t put off creating your will or estate plan today. Our St. Charles estate planning lawyer from Legacy Law Center will work to make the process as pain free as possible so that you don’t have to dread it so much. We are happy to walk you through the process, discuss your wishes for any possible circumstance that could arise, and suggest estate planning legal strategies that could be beneficial for you and your estate plan. Call us today to schedule your consultation and get started on your estate plan or to update your existing estate plan.