We understand that you may have numerous questions regarding wills and estate planning. As experienced Tennessee wills and probate lawyers, McBrien Armistead Law Group has compiled a list of the top 7 most commonly asked questions about wills.
1. Do Lawyers Keep Original Copies of Wills?
This depends on the individual law firm’s policy. Some lawyers for contesting will keep original copies for safekeeping, while others prefer to give the original to the client and retain a copy. At McBrien Armistead Law Group, we discuss this with our clients during estate planning to ensure their wishes are met.
2. What Happens in the Case of Wills Disputes?
Will disputes can arise due to undue influence, lack of testamentary capacity, or improper document execution. Lawyers for contesting wills, such as the team at McBrien Armistead Law Group, can assist in resolving these disputes either through negotiation, mediation, or court proceedings if necessary.
3. What is the Role of a Probate Lawyer Concerning Wills?
Wills & probate lawyers guide executors and beneficiaries through the probate process. This includes identifying and valuing assets, paying off debts, and distributing the remaining assets to the beneficiaries.
4. How Does Estate Planning Impact Wills?
Lawyers’ estate planning involves more than drafting wills. It also includes setting up trusts, designating powers of attorney, and creating living wills. A comprehensive estate plan ensures that your assets are distributed according to your wishes and can minimize potential wills disputes.
5. Can a Will be Contested?
Yes, a will can be contested under certain circumstances. Contested wills and probate lawyers can guide the grounds for contesting a will, including fraud, coercion, or lack of testamentary capacity.
6. What is the Difference between Wills and Living Wills?
While a will outlines how you want your assets distributed after your death, a living will, also known as an advance healthcare directive, specifies your wishes for medical care if you cannot communicate your decisions.
7. Why is it Important to Have a Lawyer for Wills and Trusts?
Tennessee wills and trusts require careful drafting to ensure they are legally valid and accurately reflect your wishes. Lawyers experienced in Tennessee wills can help avoid common pitfalls and potential legal disputes down the line.
McBrien Armistead Law Group focuses on all aspects of wills, from drafting to contesting. Contact us today for legal guidance. Schedule a call today.
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