Wills and Probate Law
Wills and Probate Lawyer in Boise, ID
Why do you need a will? Is a will only for senior citizens? These unanswered questions lead many people to delay creating a will, believing that they don’t need one or that they have plenty of time to get their affairs in order. The reality is, that life can bring unexpected events whether you are young or old. McFarland Ritter, an experienced estate planning law firm, based in Boise, Idaho, works to ensure that you are prepared.
Why You Need a Will
Our will and probate lawyers will personally consult with you to understand your expectations and ensure that they are legally outlined. A will establishes:
● Peace of mind: Knowing that you have a valid will in place can provide peace of mind for you and your loved ones, ensuring your legacy is protected and that your final wishes will be honored.
● Protection for your minor children: A will allows you to name guardians for your minor children and ensure that they are provided for if anything happens to you when they are young.
● Reduced estate taxes and fees: A well-drafted will can help minimize estate taxes and other expenses, allowing you to pass more of your assets on to your beneficiaries.
● Help during the probate process: Having a valid will in place can help streamline the probate process, making it easier for your loved ones to settle your estate after your death.
What is Probate?
A will is a legal document that tells how your assets will be distributed after your death. Probate is the court-supervised process of validating a will and administering your estate. This process includes:
● Proving the validity of the will (proving that the will is legally valid and enforceable)● Identifying and providing an inventory of assets● Appraising the value of the assets● Paying debts and taxes owed by the estate● Distributing the remaining assets to beneficiaries
If you die without a valid will, the probate court will distribute your assets according to your state’s law. Regardless of the situation, we work to expedite the probate process so grieving family members can concentrate their efforts elsewhere.
Do All Wills Go to Probate?
“Do I need probate if there is a will?” Yes, generally. Having a will makes the probate process much easier and less expensive for your loved ones. Factors that affect probate include:
● Size of the estate: Smaller estates go through a simplified probate process.
● Types of assets: Certain assets such as those held in a trust, jointly owned property with right of survivorship, or accounts with designated beneficiaries can pass directly to the beneficiaries without going through probate.
● The way assets are titled: If the asset is titled only in the deceased’s name, it will need to go through probate. Assets titled in the name of a trust or ones that have joint ownership may avoid probate.
● Disputes or challenges: If there are disputes among beneficiaries or challenges to the will’s validity, probate court can resolve these issues.
Our experienced probate lawyers can help you prepare your estate with a comprehensive will and the necessary trusts and titles so that your surviving loved ones can avoid lengthy probate processes and painful disputes.
Prepare Now to Preserve Your Estate
Whether you need to draft a will, or you need help going through probate, McFarland Ritter is here to help you navigate this stressful and sensitive time. We will work closely with you to understand your wishes and create a document that ensures your legacy is protected and your loved ones are provided for. Don’t wait until it’s too late - contact us online today to schedule a consultation.