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Wills and Trusts Questions
Wills and trusts law primarily focuses on preparing for the disposition of property after you die and designating guardians for minor children.
State laws vary as to the number of witnesses needed for wills. Trusts can be created before, at the time of, and after death and can benefit a family member, other designated person, or organization. A trust holds property for the benefit of someone else and the disposition of the property can be distributed in intervals or upon a particular time period or when the recipient reaches a particular age.
Wills and trusts attorneys handle creating wills and trusts and trying to ensure that distribution of assets is in accordance with each client’s intent. When preparing a will or trust, common issues may include the tax ramifications of dispositions, the financial savvy and responsibility of recipient, and the amount of money involved. If a will or trust is challenged, attorneys represent parties that are seeking to enforce or overturn the disposition in the will. A will can be challenged by someone who stands to gain from the distribution, for reasons including the appearance of a later will, the mental capacity of the deceased and improper witnesses or signing of the will. It is difficult to overturn a will, but if challenged, the matter is handled in probate court.
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