Last Will and Testament
Avoid Family Conflicts and Legal Complications with a Well Crafted Will.
After your death, if your estate goes to probate without a Will, the court will impose a plan for your assets. Without a Will, you have no say in who takes care of your minor children. When two or more family members disagree about what you would have wanted and feel strongly about their positions, the family can be divided. If you have a poorly drafted Will, you may inadvertently cause family strife and division. Idaho Law Group has experience litigating such disagreements in Probate court. We can help you avoid messy family estate disputes.
What is a Last Will and Testament?
What Happens If I Die Without a Will?
- The legal term for dying without a Will is called dying "intestate." If you die intestate, the court will decide how and to whom your property will be distributed.
- The court's distribution and guardianship orders may not be the same as your desires.
- If you die intestate, you have no say in choosing your beneficiaries. The court will name your beneficiaries according to state law. You can prevent this by creating your own Estate Plan.
- If the court finds no legal heirs, your assets will be distributed to the State.
Advantages of probating your Will:
Court Oversight
If your family or beneficiaries are likely to disagree due to mistrust or dysfunction, it may be advantageous to petition a court to oversee the inventory, accounting, and distribution of your assets.
Disadvantages of probating your Will:
Probate Filing
"Probate is a lawsuit that you file against yourself, with your own money, for the protection of your disgruntled heirs and creditors." (Peter Parenti)
Multiple Jurisdiction Probate
Probate must take place in each jurisdiction in which you own real estate.
Privacy
Both your Will and the inventory of your assets are public records.
Attorney's Fees and Court Costs
Whether an attorney is charging by the hour or a flat fee, uncontested Probate fees are significant.
Delays
Probate proceedings may last anywhere from several months to several years.
Case #1
Tabitha has a terminal illness and she just recently divorced from an abusive husband and is taking legal action to keep her children from their abusive father. She cannot stop worrying about her children going back to her ex-husband if she were to die before the court makes a decision.
Tabitha meets with an attorney at Idaho Law Group and designs an estate plan that instructs her Personal Representative (Executor) of her Will to expend whatever estate resources are necessary on court proceedings to find that her ex-husband is not fit to be a parent. In that Will, she nominates her sister as the Guardian for her children and nominates a good friend as a backup Guardian.
Case #2
Henry's mother, Jennifer, had an estate plan prepared by Idaho Law Group.
Jennifer just died, and now her son, Henry, is administering her Trust. When going through his mother's records, Henry finds out that his mother inherited a home from her aunt, but the home was never transferred into her Trust. Henry comes to Idaho Law Group seeking advice on what to do.
The attorney shows Henry that his mother had both a Trust and a "Pour Over Will." The Pour Over Will was created to probate any assets which Jennifer failed to transfer into her Trust. The beneficiary of Jennifer's Pour Over Will is the Trust (the will "pours over" into the Trust).
The attorney explains to Henry that he was appointed as the Personal Representative of the Pour Over Will and that he needs to file a probate petition to transfer the home into Jennifer's Trust. All of Jennifer's other assets are already in her Trust. The probate will only be used to transfer the home into the Trust. Henry can continue administering the other Trust assets while waiting for the probate proceedings to conclude.
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