A will is one of the most important documents you can create during your life that has lasting impacts after your death. There are several misconceptions about what it takes to write a will and whether or not an attorney is necessary.
Writing a Will in Arkansas
Arkansas law does not require an attorney in order to create a valid will. However, the state has rules in place that determine what constitutes a will.
- The creator of the will (testator) must be 18 years of age or older or an emancipated minor
- The will must be signed by the testator who is of sound mind at the time of signing
- There must be two witnesses present at the time of signing
The purpose of a will is to name beneficiaries to receive your assets after you die. You should also choose someone you trust to handle the distribution, known as an executor. Essentially, most Arkansas residents can easily create a will on their own without any assistance. There are no requirements for having the will notarized or created by a legal professional.
With certain exceptions, most estates go through probate – even with a will. The process is much simpler and less expensive than going through probate without a will. The will is first filed with Arkansas probate court, who will validate the will and go through the rest of the process. Because probate can be a long, stressful, and expensive process, it’s important to create a will that truly reflects your wishes.
Benefits of Hiring an Attorney to Help You Write Your Will
So, why pay someone to help you create a will when you can do it on your own for free? Many people who ask this question may have grave errors within their estate plans.
Avoid Common Mistakes
Most experienced estate planning attorneys have seen every mistake there is, and that knowledge can come in handy in avoiding those same mistakes. Every task, whether it’s choosing the right executor or properly naming beneficiaries, is done deliberately to help you avoid errors in your estate plan.
Legal Expertise
Each state’s estate laws are different, and you want an attorney with the knowledge to help you create a will right here in Arkansas. Your attorney understands all the ins and outs of estate law including taxes so you can rest easier knowing your plan is legal and solid.
Ask the Right Question
Unfortunately, many people fail to include important details in their wills because they simply don’t know that they should. A lawyer will typically go through a series of questions that cover all your bases.
Neutral Perspective
While you have probably discussed your estate plan with your loved ones, it can be helpful to have a neutral third party to provide a different perspective. Lawyers understand complicated family dynamics and can ensure that your will reflects
Fill in the Gaps
You might think that a will is sufficient to complete your estate plan, but you could be missing important documents and other estate planning components. Discussing your estate planning goals with a skilled attorney can help you fill in any gaps that there may be with certain types of assets to ensure that they’re distributed according to your wishes. Your attorney can help you put together a customized plan that’s just right for you.
Step-by-Step Guidance
Many people find that having expert guidance through the unfamiliar territory of estate planning is beneficial to their financial goals and peace of mind. When you hire an estate planning attorney, you get someone with the expertise and specific knowledge necessary to do everything from drafting a will through its execution.
Discuss Your Will with an Arkansas Estate Planning Attorney
No matter whether you’re thinking about writing your first will or updating your current one, an estate planning attorney at L. Jennings Law is ready to help. Our experienced law team will be by your side during every step of the process to help you understand your wishes and bring them to reality. Contact us today for more information during a consultation.
