Wills are one of the most fundamental and important building blocks of an estate plan, but just because wills are a basic component of your legacy plan does not mean that making a will is easy. Far too many people try to create a DIY will or use forms they find online and they end up leaving out important clauses or even making a will that is not valid under state law.
You want to ensure that you create a will that actually provides your family and assets with the protections that you need. Your will should be detailed enough to ensure that your wishes are respected and it should include the necessary clauses to facilitate the timely and efficient transfer of assets. You’ll also want to ensure you know which assets you should transfer through a will and when money or property might be best to transfer through other means such as through the creation of a trust or even an inter vivos gift.
Kuhn & Kuhn Law Firm can help. Our Charleston wills and trusts lawyers have extensive experience helping clients create wills that are enforceable and help achieve their estate planning goals. We can provide assistance to clients at all different phases of life who are creating their estate plan, including in complex situations where clients have a family business or family farm they wish to hand down to loved ones. To find out more about how our firm can help you, give us a call for personalized advice. You can also get answers to questions you may have about wills including:
- When should I create a will?
- Why should I get legal help to create a will?
- How can a Charleston wills and trusts lawyer help me?
When Should I Create a Will?
Although many people think they can wait until they’ve gotten older to create a will, the fact is that virtually everyone should have a will or other estate planning documents in place.
If you do not have a will right now, do you know what will happen to your wealth if you pass on? Will your family fight over it and are your loved ones going to have enough assets to maintain their quality of life without the income you’re providing? If you have children, do you know who will raise them if you can’t or how they will be provided for if you’re no longer there to care for them?
If you don’t have the answers to those questions, or if the answers aren’t the right ones, you need to create a will today. Making a will is something that young parents should do to provide for their children, and that young spouses should do to make sure their husband or wife is cared for. Singles of all ages should make a will to specify who inherits, and those who are getting older especially should ensure they have a will in place.
If you wait too long to make a will and something happens to you, intestacy law will determine what your legacy will be. You could lose the chance to name a guardian for your kids, to provide an inheritance to the people you love, and to make bequests to causes you care about. Now is the time to act and create a will, and Kuhn & Kuhn is ready to help you.
Why Should I Get Legal Help Creating a Will?
There are many reasons it’s important to get legal help creating a will. First and foremost, you want to ensure your will is legally valid and has the best chance of being able to stand up to a challenge if someone decides to contest a will. By working with an attorney, you can draft a detailed will that makes your wishes clear and that will be enforced under South Carolina law.
An attorney can also advise you on issues that you may not be aware of. For example, if you leave money to a minor, the child can’t inherit directly and the court may need to appoint a guardian. You can use the Uniform Transfers to Minors Act to specify who should be in charge of managing the child’s inheritance, but you need to know to do that when you make your legacy plan.
This is just one of a great many issues that an attorney can help you to understand as you create your plans for your estate. Kuhn & Kuhn can also help you to address much more complex situations, such as how to ensure a family business transfers in a timely manner and is able to continue operations after you are gone.