Chesapeake Will Lawyer
Wills are legal documents that outline how a person wants their property distributed after their death. Many people want to pass on their wealth and assets to loved ones after they pass away. However, even people who do not have a great deal of wealth or a significant amount of assets can benefit from a will. Without a will, you cannot assume that your last wishes will be respected. Below, our Chesapeake will lawyer explains the importance of these documents, and the different types in Virginia.
What is a Will?
A will is a document created by a testator, the owner of the will. The will outlines the testator’s wishes regarding the end of their life, burial, and the distribution of their estate. A will also ensures the family executes the estate in accordance with the wishes of the testator.
State law dictates that wills are only legal if they are signed by the testator who is of sound mind. Two witnesses must also be present at the signing, and they must also have the mental capacity to understand what the testator is signing. While state law does not require wills to be notarized, it can make the document stronger as there will be no questions regarding the signature of the testator.
The Benefits of a Will
Many people put off drafting a will, but this is a mistake. No one knows what is going to happen in the future and without a will, your final wishes may not be upheld. If you die without a will, your assets will be distributed according to the intestate laws in Virginia. This distribution may not align with your wishes.
Additionally, you can also name a guardian for your minor children in your will. Without this, the courts will decide and there may be a bitter custody battle to decide. Lastly, while a will alone does not help your family members avoid probate, it can make the process easier.
Types of Wills
There is more than one type of will you can create. These include:
- Simple wills, which are appropriate when a person’s finances are not complicated. Simple wills detail a person’s assets, how they would like distributed after they pass, and name a guardian for minor children.
- Joint wills are quite common among married couples and allow each spouse to act as testators and trustees for each other. When one testator passes away, the surviving spouse will get everything. A plan is also made for when both testators pass away.
- Living wills do not address what will happen after a person passes away. Instead, these documents pertain to the testators’ wishes regarding their end-of-life care and burial.
Call Our Wills Lawyer in Chesapeake Now
If you do not yet have a will in place, do not hesitate to contact our Chesapeake wills lawyer today. At The Law Office of Angela N. Manz, our experienced attorney can advise on the type of will and other estate planning documents that are right for you so you and your family are protected. Call us now at 757-271-6275 or contact us online to schedule a consultation.
