Estate Planning And Elder Law Firm Haiman Hogue Reveals Mistakes To Avoid In Preparing A Will – Arlington, TX

Leading estate planning attorney Guy B. Garner, Senior Attorney at Haiman Hogue PLLC in Arlington, TX outlines common mistakes surrounding estate planning. For more information please visit https://www.haimanhogue.com

Arlington, TX, United States – September 17, 2021 /MM-REB/ —

Common mistakes surrounding estate planning could add to confusion and discord among family members, Guy B. Garner, Senior Attorney in the Arlington, TX office of Haiman Hogue PLLC, said this week.

For more information please visit https://www.haimanhogue.com

Garner said very simple mistakes, such as forgetting to make a will or failing to sign it, would seriously compromise any estate planning decisions that you wish to be carried through once you have died or become incapacitated.

Anyone drawing up a will should pay particular attention to detail and not forget to sign it as creating a will avoids potential problems down the line, he said.

Garner commented: “In most states, a person making the will should sign it in the presence of two witnesses, all of whom must sign it in your presence and the presence of each other. Failing to do so could invalidate the will, and your wishes might not be carried out.”

All signatures need to be notarized to make it easier to have the will admitted to Probate without having to locate the witnesses after your death. Thus, it would help if you also had a notary present at the time of signing. Many states actually require that all this be done in front of a Notary and the document be properly notarized.

He explained that setting up a will and forgetting about it is commonplace. “A will should be seen as a living document. After establishing a will, it’s important to continually review and update it in case anything changes in your life or you receive new assets. You also have to remember that the law and legal strategies are always changing, so reviewing your will every 3 to 5 years is best.”

Garner advised that people often make the error of assigning assets or property that come under beneficiary designation. “When it comes to deciding what to put in a will, you should only include property and assets that belong to you. Assets jointly owned will not pass by your will but to the surviving joint owner. Also, you shouldn’t include assets or property with designated beneficiaries such as “payable-on-death” or “transfer-on-death”. Talking with an experienced estate planning attorney can help avoid these mistakes.”

“Those assets will pass by the beneficiary destinations, not the will. Any conditions you set out for assets that already have designations or are jointly-owned will be invalidated.”

Failing to consult an Elder Law and Estate Planning attorney could be a fatal mistake when drawing up a will. He said: “Many factors need to be considered when making a will and can easily be overlooked without the help of a professional. A will covers many areas, from funeral arrangements to the care of children and not just assets.

“An attorney can also advise on the need for contingency plans in a will in case you become incapacitated, or even considering the advantages of doing a Trust instead of just a will.”

Contact Info:
Name: Guy B. Garner
Email: Send Email
Organization: Haiman Hogue, PLLC.
Address: 690 E Lamar Blvd #115, Arlington, TX 76011
Phone: 817-261-5222
Website: https://www.haimanhogue.com

Source: MM-REB

Release ID: 89044855