Avoiding Common Mistakes in Drafting Will

Do I Need a Lawyer To Write My Will In Arizona?

Yes, it’s true, you don’t need a lawyer to draft a Will in Arizona; however, doing such a detail-oriented legal task without professional help is almost always a big mistake and may even invalidate your Will when it’s needed most.

You can write your own DIY Will in Arizona and even draft a “holographic” will in your handwriting without witnesses, but this will not correctly complete the job.

When you attempt this task independently, a lawyer will commonly be needed to sort out the legal mess. Not only are DIY Wills expensive, but they also often don’t hold up in court, may cause arguments, and even fracture family ties.

The best and least costly option is getting the professional help you need to draft a properly written and legally correct Will.

Your Will could shape your family and loved ones’ entire future. Your professional, experienced estate planning lawyer will always give excellent advice about what you think you want but which might not be what you need to accomplish your wishes. They know and have the legal knowledge required to ensure your Will complies with Arizona laws and all your wishes.

A highly skilled, empathetic, and experienced estate planning lawyer has both knowledge and experience about how Will and estate plans work in the real world and will ensure your Will is written with the clarity it needs to solidify your family and loved ones’ future; in the way you wished it to be.

What Are A Few Of The Most Common Mistakes When I’m Drafting a Will

Professionally, drafting is an integral part of any estate plan and one of the most important steps you can take to protect your assets and ensure your wishes are carried out after you die. However, as in any region, many people often encounter common mistakes when creating a Will. This usually leads to unintended consequences and legal challenges.

Just some of these common mistakes are:

Procrastinating and not getting a will done – Any will and an estate planning lawyer will tell you that one of the most significant mistakes people make is procrastinating or dying without a will. You may not be aware, but if you die without a will in place or “intestate,” the state of Arizona will determine how your assets are distributed based on its intestacy and community property laws; rarely does this method align with your wishes or the overall needs of your loved ones.

Not getting professional legal guidance – You may feel that DIY or “one size fits all” templates are a cost-effective solution. However, this approach usually leads to significant legal risk and other dire complications. A professional, well-versed, and experienced wills and trusts lawyer in estate planning who understands state laws’ many legal and familial intricacies and will ensure your Will complies with all legal requirements.

Failing to update your Will when appropriate – You must note that your Will is not a static document. Life constantly changes, and most life events can significantly impact your Will or estate plan; this makes it critical to keep your Will up to date.

Ambiguity and poorly defined terms and wishes – Your Will is a legal document; clarity is paramount to avoid potential disputes among your heirs and beneficiaries.

Not mandating a backup executor or beneficiary – When drafting your Will, you should always name an executor responsible for managing your estate after you’re gone. However, appointing a backup executor is critical if your primary choice cannot fulfill their role.

Remember, if you become incapacitated or die, your Will may be the only thing that provides your family and heirs with a solid and secure financial future. The details of any will are crucial, and the professional guidance of a trained and experienced estate planning lawyer is mandatory.

What If I Miss Something or Don’t Think About Alternate Scenarios?

This is one of the most legally tricky issues to navigate, so it’s vital that you have the professional guidance you need.

In this step, you must consider a series of “what-if” scenarios so that no matter what occurs down the road or in what order, you still have a rational and thought-out distribution plan for your estate.

At times, alternate scenarios are easy to think through. For example, if something happens to me, everything goes to my spouse. Also, if something happens to both of us, then all will be divided equally between our children.

The real difficulties come from families that don’t follow a standard, more straightforward structure; in our current society, this often occurs.

If you have no children, you may want to leave everything to your spouse and create mirror Wills that name each other as the main heir. Still, without children, an alternate scenario could involve nephews, nieces, etc.

So, in this case, you and your spouse may name their own extended family to share your estate equally.

The real legal point is that no two wills (or estate plans) are alike, and the “what if ” questions are things that your thorough and empathetic estate planning lawyer is highly experienced in dealing with.

What Are Some Common Myths About Wills My Lawyer Will Explain?

Wills are usually complex and significant legal documents, and many people have invalid ideas (or myths) about them, such as you must have a Will to avoid probate.

Avoiding the costly and time-consuming legal process of probate is essential to many people. But usually, people don’t understand what “probate” entails and why it should be avoided.

In essence, writing a will (on its own) usually will not avoid probate in Arizona upon your death. Essentially, your Will is a set of instructions for the judge to follow during the probate proceeding.

Simply put, if you have assets in your name (no joint tenant, beneficiary designation, or trust titling), there’s only one way to transfer them to your heirs: probate.

At times, estate planning lawyers work with people who want to avoid probate and have trust and beneficiary designations but don’t want to sign a will. They believe having a Will means that their heirs must file for probate.

This is not true at all. Every client who executes a living trust to avoid probate must also have a will in place. That is usually called a “pour-over” will and never requires probate.

The above is only a modicum of the legal confusion surrounding Wills and leaving assets to your family upon death. The only prudent and proper way to ensure your detailed wishes and plans are carried out is to have the skilled, passionate, and committed professional legal help that is truly required.

I Need More Information a Will; How should I Proceed?

In Arizona, if you die intestate without a Will or estate plan, the court will make all the decisions about how and to whom your assets and belongings go. This rarely benefits you, your heirs, or your family; in almost all cases, it will not be done as you would have wished.

A Will is necessary if you want your family to be secure after you’re gone. However, it’s only one guiding document out of many that you may need to protect your assets and what you love.

The highly trained, empathetic, and knowledgeable estate planning lawyers at the AVIC Esq. Group LLC will provide you with the personal, compassionate, and legally proper advice you need regarding this vital document. They are passionate and committed to ensuring that you and your family navigate your Will (or estate plan) with all the attention it deserves.

Call them today at 480-467-5636 for a free consultation on your unique case and gain the true peace of mind you seek.