St Louis Wills Lawyers

What is a will? A will is a legal document that specifies:

1. Who gets your property at your death;
2. Who takes care of your minor children (under age 18); and
3. Who handles the probate of your estate.

Any person over 18 years old and of sound mind can make a will. It needs to be notarized and signed in the presence of two witnesses. A will signing has many formalities, so it is important to have the signing orchestrated by an attorney, who is familiar with those formalities.

What happens if I die without a will? If you die without a will, you are considered to have died “intestate” and the state decides who gets your property and who takes care of your minor children by statute and court decree. Typically, property goes to your close relatives and sometimes to more distant relatives, but it is unlikely that the state will distribute your property in exactly the way you would have liked. On rare occasions, if no relatives are found, your property can even go to the state.

Why is it better to have a will? A will allows you to specify who receives your property and who receives your valued personal belongings. A will is the best way to nominate a guardian for your children to ensure they are raised in the home and with the values you want for them. By drafting a will, you determine who handles the probate of your estate, usually a trusted friend or relative known as the Personal Representative (some states call this person an “Executor”). A will also enables you to save your estate both time and money by allowing you to choose to waive the bond requirement and allowing you to choose “independent administration,” which limits the probate court’s oversight of the estate administration.

Why should I use an attorney for my will? In recent years, numerous legal document websites have popped up, providing wills for very inexpensive prices. you may be wondering why you should pay more to have a will prepared by an actual attorney. Well, the adage “you get what you pay for” certainly rings true in this case. If you read the fine print on these legal document websites, they make very clear that they are not attorneys and may even suggest you have their documents reviewed by your attorney! This is because a will is a technical, legal document. If not prepared and executed correctly, it can be voided by the probate court and you will be treated as if you did not have a will. Also, these services may leave off important elements that are particular to Missouri or Illinois wills, or which reflect recent changes in the law. Without an attorney, you have nobody to advise you on the various options you have in drafting your will. Only your attorney can provide such legal advise to help you make the decisions that are right for you and your family.

With such an important document, and so much at stake, the best route is to hire a qualified attorney.