Author Box
Articles Categories
All Categories
Articles Resources

Avoid Will and Trust Litigation the Right Way

May 08, 2012 | Comments: 0 | Views: 133

When the time comes for you to say goodbye to the world, who is going to claim your body and address your last wishes? To whom are you going to entrust your home? Who will be responsible for raising your children? How about any pets you might have, who will see to their needs? These are just some of the concerns you need to be aware of and take care of while you can. That is why, as early as you can you should draft your will. And to avoid the long and drawn out procedure known as will and trust litigation, you must ensure that everything is done the proper and legal way.

Why should you write your will?

Writing your will is one of the most significant things you will do in your lifetime. Your will is, after all, the legal document which clearly specifies your wishes as to what will happen to your property, the future of your children (if any), and other assets when you pass away. Your will is where you are able to assign a person to assume the role of legal guardian of your children. No matter how you look at it the writing of your last will and testament is crucial, it is a form of legal command stipulating your final wishes that you leave behind. In your will, it is important you name the executor of your entire estate. One of the executor's roles is to distribute your assets to all of your selected recipients, whether they are your children, distant relatives, friends, or even employees. This individual must be someone you completely trust, as he or she will be playing the most vital role in handling your estate when you die. Their obligation is to see that your wishes are properly followed.

Being the head of your household, or merely owner of an estate, it is sometimes assumed that when you pass on, you must choose among the people dearest to you to be bequeathed some of your assets. History has shown us that many times family members quarrel over estates left by a deceased relative. There are even instances when someone even resorts to committing a violent act. When the fighting starts peace and harmony among the group becomes compromised. Most importantly your wishes become secondary and those in your life focus on their own desires. The best way to avoid this type of scenario is to take the time to put things in proper order by taking the steps to properly prepare and execute a legally binding last will and testament.

What happens if you die without a will?

Should you pass away without having properly executed a will, not only will your estate, assets, and care for your children be jeopardized, but based on the laws of the state in which you live, the court is given due power to choose and decide on the administration of all your possessions. In these types of scenarios often things can get out of hand, and no matter what your known feelings were about specific people or issues you lose all control of the disposition of your assets and potentially leave behind a significant mess. But with a written will, the decision to appoint recipients is totally up to you. Thus, even if you don't entrust your home to your legal wife, no one has the authority to question it, since you have left behind legal proof to supporting your last wishes.

How do you legally draft a will?

There are several simple steps that must be taken, however, there is far more required to ensure everything is done properly. To validate the legality of your will, there are conditions that must be met. You must be a minimum of 18 years old and be able to legally execute a document. You must sign the document in the presence of legal aged witnesses and you must be of sound mind. The most important aspect to guarantee that your will is properly prepared is to work with an attorney that has some expertise in this field.

It is important to think about your estate and how you want it properly distributed in the future. Who are your potential recipients? What assets or properties would you like to assign for each of them? Since you never know what life holds for you in the future, it is best to plan ahead of time. Draft your will accordingly. To be sure your actions are legal, it will be best to contact a qualified lawyer to help you properly get things put in order. It is through these small steps that will and trust litigation may be avoided in the future.

David Di Pietro is an experienced attorney who has has tried over fifty (50) jury trials and numerous bench trials. To learn more about the author or will and trust litigation, please visit

Source: EzineArticles
Was this Helpful ?

Rate this Article

Article Tags:

Trust Litigation


Hire A Trust Attorney


Draft A Will


Property Law


Estate Planning


Estate Law

Thus, you can apply for the negligence compensation under such circumstances in order to recover your loss, Negligence Claims, Negligence compensation Involvedness of Negligence Claims. The court

By: Simon Liva l Legal > Personal Injury l December 13, 2012 lViews: 292

If a lawyer is not able to devote enough time to your case then your defense is likely to suffer. Moreover specialization in one stream or other of defense is important so that the attorney can

By: Simon Liva l Legal > Criminal Law l December 12, 2012 lViews: 429

Filing a business bankruptcy can be a complex and critical task, but you have several options. You can consult your bankruptcy attorney to know which among those options is right for you.This is a

By: Harvard McIntosh l Legal > Corporations LLC l December 11, 2012 lViews: 235

You can always check for the treatments that are covered. This is because there are some policies which do not give you claims if you meet any kind of head injury.You can always check for the

By: Simon Liva l Legal > Personal Injury l November 05, 2012 lViews: 241

In Colorado, you have many Personal Injury Lawyers to choose from. When you choose the Law Offices of Andrew C. Bubb you instantly put years of experience and legal know how in your corner. Attorney

By: Dilshad l Legal > Personal Injury l October 25, 2012 lViews: 389

If you have been charged with a crime, speak with Boulder criminal defense attorney Steven Louth immediately to protect your rights. Steven Louth is a criminal defense attorney and criminal trial

By: Dilshad l Legal > Personal Injury l October 18, 2012 lViews: 244

Your last will and testament, everyone should have one but you would be surprised at the large percentage of people who do not even consider making any preparations for when they have gone. In 2011

By: Christopher Owen Smithl Legal > Living Willl July 08, 2012 lViews: 299

Tips and ideas on why you need a living will. You need to take the time out and create a living will to protect yourself and your family members in the event of an untimely accident. Having a living

By: Scott Grayl Legal > Living Willl July 04, 2012 lViews: 191

Writing a will yourself is one way to get your will made and another way is hiring a professional like a lawyer or an attorney. In the article are tips and information about what you need to do to

By: Scott Grayl Legal > Living Willl July 03, 2012 lViews: 202

Living wills are living proof you will have what you want if you become incapacitated for any reason. Briefly discusses how to create and complete one and the reasons for doing so.

By: Aloysius Aucoinl Legal > Living Willl June 19, 2012 lViews: 233

Making sure that your final wishes are carried out calls for assistance from a will attorney. A professional can walk you through all of the different steps and help you make some tough decisions.

By: Anna Woodwardl Legal > Living Willl June 11, 2012 lViews: 168

Having a valid last Will is something which can save time, money and angst for your loved ones when you have died. By making a will which clearly sets out your wishes, you will ensure that your

By: Brent Sl Legal > Living Willl June 03, 2012 lViews: 170

Discuss this Article

comments powered by Disqus