One of the most important things you can do before passing on is to prepare a strong, uncontestable will. Most people do not want to think about writing a will because it is an inherently upsetting and daunting task. However, with the help of an attorney, it may actually be a relatively painless one. Here are some of the most commonly asked questions regarding the will-writing process:
What is the first step in writing a will?
The very first step is deciding who will draft your will. Since it concerns your finances and possessions, it is only natural you should want to write it yourself. However, while there are many kits and online will templates that you may use, you should beware: by choosing to do it on your own, you are opening yourself up to several potential legal pitfalls. In order to avoid any discrepancies, it is usually best you consult an attorney you can trust when it comes time to write your will.
What does an executor do?
Once you have established who will be drafting your will, your next step is selecting an executor. The executor you appoint will handle all your estate matters after your death, and it is his or her responsibility to ensure these matters are handled according to your wishes. Very often, people appoint their spouse or child as an executor.
Should I appoint a trustee?
Generally, if you are the last living parent of a child under the age of 18, it would be a good idea to appoint a trustee. Essentially, a trustee will handle your investments, money, and property until your child is old enough to handle these matters alone. If you do not appoint a trustee, this may have a significant financial impact on your children, so it is important you appoint a trustee you know will do the job honestly.
Should I appoint a guardian?
If you are the last living parent of a child under the age of 18, it is imperative that you appoint a trustworthy guardian before you pass on. If something were to happen to you and you did not specify who will be your child’s guardian in the event of an untimely death, the court may do so for you. Every parent wants to be the one who decides what is in his or her child’s best interest, as every parent knows his or her child best. Do not let the court make this decision, and appoint a guardian you trust and respect.
Contact our New Jersey firm
Before taking any sort of legal action, it is important to discuss your legal matter with an experienced attorney. Contact The Radol Law Firm to discuss any divorce and family law matters you may be faced with.