Leading Estate Planning, Probate & Elder Law Attorney Rory Clark Reveals Common Mistakes To Avoid When Preparing A Will – Leesburg, VA.

Leesburg, VA, United States – August 29, 2022 —

Failing to sign a will is as bad as not regularly keeping one under regular review, commented Elder Law attorney Rory Clark, in highlighting a series of mistakes to avoid.

For more information please visit https://legacyelderlaw.com

The founder of The Legacy Elder Law Center, Leesburg, VA., said failing to plan effectively for when you have gone or become incapacitated and can’t make independent decision-making can leave the asset distribution process open to confusion and legal infighting between family members.

“Creating a will avoids potential problems down the line, but you need to make sure that it is correctly written,” Clark urged.

Anyone drawing up a will should pay particular attention to detail. Usually, one making a will should sign it in the presence of two witnesses, who also counter-sign it in the presence of each other. Failing to do so could invalidate the will, and those wishes might not be carried out.

Clark said: “All signatures need to be notarized to make it easier for the will to be admitted to Probate without having to locate the witnesses after your death. Virginia requires that all this be done before a Notary, and the document be properly notarized.”

He added: “A will should be seen as a living document, but forgetting about it is commonplace. After establishing a will, continually review and update it if anything changes in your life or you receive new assets. As law and legal strategies are always changing, ideally, reviewing your will every three to five years is best.”

People often make the error of assigning assets or property 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. Additionally, you shouldn’t include assets or property with designated beneficiaries such as “payable-on-death” or “transfer-on-death”. 

“Those assets will pass by virtue of the beneficiary destinations, not the will,” he added. “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 is probably the biggest mistake to befall anyone making a will. Clark commented: “Many factors need to be considered 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 simply passing down assets. An attorney can also advise on the need for contingency plans in a will if you become incapacitated, or the benefits of creating a Trust instead of just a will.” 

Source: http://RecommendedExperts.biz

Contact Info:
Name: Rory Clark
Email: Send Email
Organization: The Legacy Elder Law Center
Address: Market Station, 108 South Street, SE, Suite 112, Leesburg, VA 20175
Phone: 703-783-1195
Website: https://legacyelderlaw.com

Release ID: 89080373

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