an attorney should ask these questions when executing a will

An experienced estate planning will ask you what you wish to achieve with your estate. He will ask you about tax issues, whether or not you have special needs children, do you intend to pay the tuition fees of your grandchildren, and so much more. It is important to be honest with your attorney all the time.

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What questions should I Ask my Lawyer when making a will?

An experienced estate planning will ask you what you wish to achieve with your estate. He will ask you about tax issues, whether or not you have special needs children, do you intend to pay the tuition fees of your grandchildren, and so much more. It is important to be honest with your attorney all the time.

What questions should I ask when meeting with an estate planning lawyer?

Instead, you should ask questions about things like: Do you intend to leave property to someone specific? Do any beneficiaries have special needs? Will the allocation of your assets favor one heir (s) over others? By helping your clients define their goals, you'll be able to begin to lay the foundation for their will.

Why do I need a lawyer to make a will?

Jul 08, 2015 · Here are several questions you should ask yourself: When meeting with a potential estate planning lawyer, how comfortable do you feel? Does your advisor communicate well and clearly? Do you agree...

What does the executor of a will do?

The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle. Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear. Call Arizona Estate Attorney Dave Weed at (480)467-4325 to discuss your case today.

What kind of questions are asked for a will?

5 Questions An Attorney Will Ask When Drafting A WillWhat Do You Hope To Achieve With A Will? ... What Is Your Family Situation? ... What Assets Do You Own? ... Where Do You Want Your Assets To Be Distributed? ... Who Will Be Responsible For Your Estate?Jul 23, 2019

Will preparation questions?

Your Top 10 Will Questions AnsweredWhat is a will? ... What's the difference between a living trust and will? ... Why do I need a will? ... What if I haven't had kids yet? ... Do I have to make a new will if I move between states? ... Do I have to get a will notarized? ... Can I change or cancel my will? ... When should I update my will?More items...•Jan 19, 2022

What are 5 things lawyers do?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•Sep 8, 2021

What questions to ask when setting up a trust?

5 Important Questions to Ask When Forming A Trust– November 29, 2021 by Rachel RoanWhy do you need a trust?Who will the trust benefit?Who will administrate the trust, now and later?Which assets will fund the trust?What are the long-term tax consequences?Nov 29, 2021

Will preparation checklist?

A 10 point Will preparation checklistStep 1: Get down to basics. ... Step 2: Get a ballpark of your assets. ... Step 3: Get a general sense of your debts. ... Step 4: Choose a guardian. ... Step 5: Choose an executor. ... Step 6: Make a list of specific gifts. ... Step 7: Make a list of beneficiaries.More items...•Oct 13, 2020

What should I know before making a will?

With so many intricacies to the law, U.S. News has identified five important things to keep in mind when preparing your will:Don't make it yourself. ... Identify your assets. ... Joint property with a spouse falls outside the will. ... Be careful in selecting guardians and trustees. ... Beneficiary designations override wills.Sep 26, 2012

What is the highest-paid lawyer?

Medical Attorneys Medical lawyers are among the highest-paid types of lawyers and earn one of the highest median salaries in the legal field.

What personality characteristics should a lawyer have?

Below are ten traits that are common to the best lawyers in the United States.Passion for the Job. ... Compassion for Clients. ... Great Communication Skills. ... Willingness to Listen. ... Knowledge of the Law. ... Strong Writing Ability. ... Creativity. ... Good Judgment.More items...•Jun 17, 2019

What type of lawyer gets paid the most?

Some of the highest-paid lawyers are:Medical Lawyers – Average $138,431. Medical lawyers make one of the highest median wages in the legal field. ... Intellectual Property Attorneys – Average $128,913. ... Trial Attorneys – Average $97,158. ... Tax Attorneys – Average $101,204. ... Corporate Lawyers – $116,361.Dec 18, 2020

Does a trust override a will?

A. No. The trust is activated by the will on the death of the first spouse/partner, and not at the time of executing the Will. If you are both alive and in care, the trust would not initiated, hence the local authorities can target the property when assessing liability for care fees.

What are the disadvantages of a trust?

What are the Disadvantages of a Trust?Costs. When a decedent passes with only a will in place, the decedent's estate is subject to probate. ... Record Keeping. It is essential to maintain detailed records of property transferred into and out of a trust. ... No Protection from Creditors.Oct 23, 2020

What should you not put in a living trust?

Assets That Can And Cannot Go Into Revocable TrustsReal estate. ... Financial accounts. ... Retirement accounts. ... Medical savings accounts. ... Life insurance. ... Questionable assets.Jan 26, 2020

What should an estate planning attorney ask?

Quite simply, a good estate planning attorney should ask you what it is that you want to achieve with your will. Some things they may want to know are how important tax issues are to you, meaning how vital it is to you whether you are to paying high taxes or not. An attorney will also want to know whether or not you have children ...

What is the role of an executor in a will?

This role can be an executor, which is someone who will have control of a will. It can also be a trustee, which is someone who is responsible for each trust. It can be a guardian or someone who will have power of attorney, which means they can make medical decisions on your behalf if you are incapable of doing so.

How to get started with drafting a will?

To get started on drafting your will and other important documents, contact a licensed estate attorney so they can make sure that your estate plan follows state laws and accurately reflects your wishes .

What is the role of a fiduciary in an estate?

A fiduciary will take on a role that will be responsible for various parts of ones estate. This role can be an executor, which is someone who will have control of a will. It can also be a trustee, which is someone who is responsible ...

How old do you have to be to have a minor in charge of your estate?

This is a type of trust that leaves assets to a minor, however they are kept with a trustee until the minor reaches a certain age, which is usually when they turn 18 years old.

How long does it take to get your estate passed to a minor?

The court will get involved in the process of distributing assets to a minor, which may take months to resolve.

Why is it important to make a will?

One very important part of planning a will is considering your family members. The purpose of a will is to make sure that your estate is taken care of according to your wishes once you pass. Most people leave part of or their entire estate to their loved ones. It is essential for your attorney to know if you are married, have kids, ...

What to ask an estate attorney about your family?

The attorney will ask about your family as it is a very important part of planning your estate. The aim of your estate plan is to ensure that your estate is properly taken care of as per your wishes once you pass. It is essential for your attorney to know how many times you have been married, if you have kids, grandchildren, or if your parents are alive, and any other important information about your familial relationships and dynamics. All this information will help your attorney to understand who can be a possible heir or beneficiary so problems are minimized after your passing.

What can an attorney do for you?

Assets such as jointly owned property and life insurance can pass outside of estate planning documents. These assets avoid probate, which is a costly process that happens if such assets are allowed to pass through a will. The attorney can counsel you on how to set up all assets to pass without probate, if desired. After that, your attorney can counsel you on how to eliminate or reduce taxes, protect assets from nursing homes, protect beneficiaries, and inheritances from divorce etc.

What is the role of executor of a will?

They must also ensure that the beneficiaries receive the proper amount that they're entitled to. Other duties of the will executor include:

What to do if you can't decide on a beneficiary?

If they can't decide, you could suggest that attributes like age or immediacy in the family could be factors to help them choose. Once you decide how "much" each beneficiary deserves (the term 'value' here could be monetary, sentimental, or both), you can begin to decide what to give them.

Can you divide things up easily among beneficiaries?

But, it's often not an easy task to divide things up easily among your beneficiaries. For example, if you make a blanket statement like "Tyler is entitled to all of the possessions in the house," you could potentially cause issues if there is valuable jewelry, antiques, etc. Similarly, trying to allocate everything as evenly as possible can still ...

Is it hard to write a will?

As previously mentioned, writing a will is often a difficult process for those who are seeking to plan their estate. It's not uncommon for emotions to serve as a significant obstacle in the process. You should make it clear to your clients that you respect how often they want to communicate and how involved they want you to be in the process.

What are the things to consider when planning an estate?

When building an estate plan, you may have a variety of concerns, including the following: Maintaining an orderly administration of assets while you are living. Ensuring that your heirs and loved ones receive your assets. Helping to reduce or avoid conflicts and confusion.

How can estate attorneys help with dementia?

Estate attorneys should help clients fiscally prepare for the possibility of disability or dementia by drawing up powers of attorney , healthcare directives, and living wills .

Why is it important to have an estate plan?

It's important to have a solid estate plan in place to ensure that your loved ones receive your assets without a hassle or undue delay after your death. There are many questions you should ask prospective estate-planning attorneys before hiring one to craft your estate plan. Above all, make sure you hire an attorney who demonstrates ...

How to build an estate plan?

When building an estate plan, you may have a variety of concerns, including the following: 1 Maintaining an orderly administration of assets while you are living 2 Managing estate assets flexibly while you are living 3 Reviewing estates involving tenants in common or community property 4 Considering assets in multiple states 5 Examining small business assets 6 Naming your children’s legal guardian 7 Ensuring that your heirs and loved ones receive your assets 8 Helping to reduce or avoid conflicts and confusion 9 Minimizing legal expenses and taxes 10 Assessing wealth preservation

Why is it important to make sure assets are managed prudently?

Overall, it forces individuals to contemplate fiscal matters that will occur while they are living and after their own deaths. It's thus extremely important to make sure assets are managed prudently and that next generational family members will receive inheritances, without incident.

Is an estate attorney a tax advisor?

While an estate attorney's expertise may overlap with these fields, they may not be a general tax expert or investment advisor. Give yourself enough time to gain a broader, big-picture perspective on your estate plan and the logistical practicalities of implementing it.

Can a lawyer draw up a will?

Although any lawyer can draw up a simple will for straightforward situations, such as naming the beneficiary of one's 401 (k), seasoned trust-and-estate lawyers can help navigate more complicated situations involving several trusts and multiple heirs. 1:21.

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

How to contact an estate attorney in Arizona?

Call Arizona Estate Attorney Dave Weed at (480)426-8359 to discuss your case today.

What happens if assets are less than debts?

If the assets in the estate are less than the debts and tax obligations, those debts do not become the responsibility of the loved ones left behind. Unfortunately, many people do not understand this, and they end up paying off debts for which they have no financial or legal responsibility.

What to expect after a loved one dies?

The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.

What is the best way to protect assets after a loved one dies?

The best way to protect the assets is to open the estate right away.

What to do if you are unsure about your taxes?

If you are unsure about the tax situation, you should contact the person who handled returns for the deceased. They should have copies of past tax returns, and they should be up to speed on any outstanding audits, tax debts or other issues. The days and weeks following the death of a loved one can seem like a blur.

Do debts disappear when someone dies?

There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...

What is a trust after death?

A trust is designed to function during your life and after your death. A will provides for the distribution of all of your assets upon your death. It only provides instructions for what will happen to your assets after you die.

What is a revocable trust?

A revocable trust (one that can be altered during your lifetime) does not avoid estate taxes that are applied by your state or the federal government. A special kind of living trust called an AB trust passes assets directly from one spouse to another and avoids estate tax. Living trusts do not pass through probate, ...

What is a living trust?

A living trust is a document that allows you to place assets into a trust during your lifetime. You continue to use the assets, but they are owned in the name of the trust. You name a trustee who is responsible for managing and protecting the assets in the trust. After your death, the assets in the trust are distributed to ...

Why are living trusts so popular?

Living trusts offer a variety of benefits, which is why they have become so popular. Living trusts allow your estate to avoid probate. By doing so you avoid the costs associated with having a will probated, but you also avoid the delay associated with probate. It can take months for a last will to be probated, but when you create a living trust, ...

Do you need a power of attorney for a living trust?

Living trusts have all of your assets already placed in the ownership and management of a trust, so that should you become incapacitated, they are already being handled for you. Most attorneys do recommend you also draw up a power of attorney which will authorize someone else to make legal and financial decisions on your behalf ...

Can a living trust include all of your assets?

Living trusts cannot include all of your assets since some are not eligible to be owned by a trust. The other problem with a living trust is it can only control the assets you specifically transfer into it, so if you forget to change ownership of something like a bank account, it won’t be covered by the trust.

Do you have to pay upfront for a living trust?

The living trust cost can also be seen as a drawback. You need to pay upfront to have the document prepared and make sure the trust is being managed.

What is the role of an executor in a will?

An executor administers the settlement of your estate, hopefully with an eye to efficient execution and costs. A trustee manages any assets until they are distributed to your beneficiaries. A guardian raises minor children, if the situation warrants.

What can a properly written will ensure?

Only a properly written will can ensure that the assets in your estate go where you want them to, from cash gifts to complex trusts. Answers to these basic questions can help protect your assets and your heirs.

When do testamentary trusts become effective?

Testamentary trusts are created as part of a will and become effective upon the death of the person making the will and are commonly used to conserve or transfer wealth and avoid unnecessary taxes.

Can you take a gift left to a charity?

Gifts left to a regulated public charity that seeks donations, for instance, receive different tax treatment than assets left to a private family foundation or trust that your heirs control. In the final analysis, it’s true that you can’t take it with you.

Can you leave money to a charity?

Many Americans will money or property to their favorite causes. You can leave all or partial interest in most assets to a legitimate charity that is eligible for tax-deductible contributions. The IRS makes this determination, so you can find out which charities qualify by looking on the IRS website (irs.gov).

Who can you identify in your estate?

Identify anyone with a stake in your estate: spouse, children, grandchildren, parents, siblings, etc. Then list your real estate property, personal possessions and financial assets, their value and where to find them (or records of them). Once you gather financial information, use Quicken to record it and keep it up to date.

Can a guardian raise a minor child?

A guardian raises minor children, if the situation warrants. In case you are incapacitated before death, as often happens, you also should confer power of attorney on someone to manage your financial affairs, subject to provisions that you stipulate.

What is the role of a co-executor in a will?

Duties for a Co-Executor of a Will. How to Ask the Executor for a Copy of the Will. An executor is the person who oversees the estate of a person who died with a will . A myriad of duties are handled by the executor, including the transfer of inheritances to the heirs, the disposal of estate assets and the payment of final bills.

What is required for probate?

The exact procedures for probate vary by area, but probate courts generally require the executor prepare and submit an inventory list that includes the deceased person's assets and personal belongings, and submit signed releases from each heir for estate distributions and proof of the transfer or sale of assets, as well as the purchase price.

Why challenge an appointment?

Valid reasons to challenge an appointment or ask for the revocation of the executor's powers generally relate to the executor's actions and qualifications. An executor who is seriously ill or medically incompetent may not be qualified to handle the responsibility. The heirs have the right to ask for the removal of an executor who is committing ...

Who is liable for damages to heirs?

An executor who mishandles the estate may be personally liable for damages to the heirs. Anna Assad began writing professionally in 1999 and has published several legal articles for various websites. She has an extensive real estate and criminal legal background.

Can an executor sell real estate?

A deceased person who left her total estate in equal shares to two heirs, for example, may have real estate or other valuable personal items. The executor can sell the real estate or items and divide the proceeds between the heirs, or make arrangements with an heir who is interested in buying the property or belo nging.

Can an executor be liable for a ring?

Should the heir decide to give the ring to another relative, the executor is not liable as long as he has a signed release from the heir stating she received the ring. A will that does not have specific bequests leaves the executor with some decisions to make.

Can an executor of an estate see the will?

The heirs have the right to view the will and the financial documentation for the estate, including inventory and current creditor claims. Some states require automatic disclosure to heirs of each action the executor takes, while other states allow heirs to file a form in court that asks for notification of the executor's activities ...

How much money would California save if it replaced the death penalty with a sentence of life without parole?

It is also a waste of taxpayer money. The California Legislative Analyst’s office estimates that California would save $150 million a year if it replaced the death penalty with a sentence of life without parole. That’s money that could go into schools, health care, or restorative justice programs.”.

What is the paramount goal of sentencing?

The paramount goal of sentencing is the imposition of justice. Sometimes, justice is dismissing a charge, granting a plea bargain, expunging a past conviction, seeking a prison sentence, or — in a very few cases, for the worst of the worst murderers — sometimes, justice is death…. A drug cartel member who murders a rival cartel member faces life in ...

Who is Eliot Spitzer?

Eliot Spitzer, JD, Former Attorney General and Governor of New York, in a June 13, 2000 hearing on “Postconviction DNA Testing of New York State Attorney General Eliot Spitzer Before the Senate Judiciary Committee,” available at the judiciary.senate.gov website, stated the following:

Is the death penalty a bargaining chip?

While executions are rare, having the death penalty can be a bargaining chip for authorities as they investigate crimes…. It’s also necessary to have capital punishment because some crimes simply are so horrific that any other punishment, including life in a cage, is insufficient.”. June 28, 2018 - Paul Muschick. Pro.

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