It’s an unfortunate fact that nearly half of all American adults pass away without creating a will. While planning an estate may seem like an unpleasant task, getting things in order is a responsible thing to do for the family. Just as in other areas of law, estate planning typically requires specific skills to achieve the right outcome. Below are a few parts of the estate planning process that make a lawyer’s assistance very useful.
Avoiding Probate Court
Probate is a process that most estates go through after a person dies. While these processes are seldom difficult, probate can tie up assets for many months and reduce the size of the estate via probate fees. There are ways to avoid probate court, such as a revocable living trust, but these require the skills of an estate planning attorney.
Ensuring That Assets Go to the Right People
A state that is not included in a will is subjected to a generic intestate succession law that varies by jurisdiction. These estates are divided among relatives according to their legal relationship to the decedent, and there is little regard for the deceased person’s wishes. However, an estate planning lawyer can ensure that assets are divided according to the decedent’s desires.
Heading Off Contention Between Relatives
Wills and estates law in Kendallville, IN is not all about money. The distribution of assets can cause issues among surviving relatives, even if items have no economic value. Specifying a particular beneficiary to receive a certain item can help the family avoid conflict after a person passes on.
Honoring Burial Wishes
Most people have a vision for their own burial, or maybe they just want to avoid disputes among family members by asking for a cremation and a simple memorial service. The disposition of a person’s remains does not fall under wills and estates law in Kendallville, IN because it is not regarded as property. However, an estate lawyer may be able to help a client create a document that clearly expresses his or her wishes regarding burial.
If a person needs legal advice on planning an estate, or they are facing other legal issues, a local estate planning lawyer with Yoder & Kraus can help. Visit the firm’s website to learn more about the practice, or call them today to schedule an appointment.