Davis County Wills Attorney

Helping Clients Create Essential Estate Planning Documents

One of the most important elements of estate planning is ensuring that your family members understand how you want your assets to be handled when you pass away. You can clarify this by writing a last will and testament, a critical estate planning document outlining which family members get your assets. Wills have additional benefits, so you should get help from Davis County lawyers to ensure this estate planning document is accurate and easy to understand.

When you hire Able & Strong Law, Inc. for your estate planning needs, you’ll get legal advice from a skilled attorney who has helped create numerous wills in Davis County, Utah. Whether you’re just beginning to consider your estate planning options or are ready to write your will today, contact our Utah office to learn more about wills from an experienced Davis County attorney.

Why Should You Make a Last Will?

Wills have numerous benefits for families, so they’re considered a staple of any estate plan. These are some of the most common reasons to write a will during the estate planning process:

• You can use this document to provide clear instructions on which family members get which assets, including your house, vehicles, jewelry, bank accounts, and more.
• You can appoint an executor to administer the estate and ensure your wishes are followed during asset distribution.
• You can appoint a trusted guardian for your minor children.

Most people can benefit from one or more of these elements when it comes to estate planning, so it’s important to create this document as soon as possible. After all, if you pass away without a will, you won’t get to determine who gets your assets. Instead, the court will decide for you. In most cases, your spouse will be the beneficiary by default, followed by your children if you’re unmarried.

Similarly, if you don’t have a will to specify who gets guardianship of your children or who will be the executor of the estate, the court will appoint someone on your behalf. If you’re concerned about your children and assets ending up with someone you don’t trust, such as an estranged family member, you must write a last will with help from Davis County lawyers. Contact our Utah estate planning law firm to get started.

What’s the Difference Between a Last Will and a Living Trust?

Wills and trusts are helpful estate planning tools, but each has its own benefits, so you should consider using both for different reasons. To start, while a will lets you leave written instructions on who gets your assets, a living trust lets you transfer ownership of your assets to a separate entity, called a trust.

While wills only take effect once you pass away, living trusts can take effect during your lifetime. Additionally, they avoid probate, meaning any assets you place in this legal entity will be distributed to your heirs without going through lengthy, costly probate proceedings. This is especially important if you value privacy, since trust administration is private while probate is public.

That being said, living trusts can’t do it all, as they’re missing certain features that make wills so useful. For instance, if you want to appoint a guardian for your children, you need a will, as a living trust doesn’t have this option. In addition, trusts usually take more time and money to create than wills and other estate planning strategies, which is why some people hesitate to make one despite the benefits. Fortunately, some Davis County, UT lawyers make estate planning affordable and easy for their clients, so contact our law firm if you’re interested in adding a living trust, will, or other essential tool to your estate plan.

What Should You Know Before You Create a Will in Utah?

If the benefits of wills appeal to you during the estate planning process, you should know the legal requirements of this document before you make one. First, in order to protect you, Utah law states that you must be at least 18 and of sound mind, with a full understanding of what you’re doing without the undue influence of someone else.

Though you can create the will either on your own at home or with the help of an estate planning attorney, you must sign the document in front of two witnesses. They must also add their signature shortly after they’ve witnessed you signing the document. If you cannot sign it due to physical limitations, someone you trust can sign it for you as long as you’re present with them.

You should also note that the will must be in writing, as oral wills are not recognized in Utah. However, this state does allow holographic wills, which are entirely handwritten. If you have any questions about this estate planning tool, contact a skilled Davis County attorney at our office in Bountiful, Utah for guidance.

Do You Need Legal Advice from a Wills Attorney in Davis County?

Estate planning can quickly become confusing, even when you know exactly who you want to have your assets or act as a guardian to your children. After all, there are several estate planning tools to consider, each with advantages and disadvantages. This is why you typically need more than one estate planning option to meet your needs as you prepare for your future.

At Able & Strong Law, Inc., our estate planning attorney is happy to assist clients in and around Davis County, UT, as well as those in Salt Lake City and other nearby cities. No matter where you reside in Utah, you deserve to feel confident as you plan your estate, so call our Davis County law office at 385-438-8801 to determine if you need wills, trusts, or other estate planning tools.