Wills

A will is one of the most important estate planning documents you can create. It allows you to decide how your property will be distributed, who will manage your estate, and who will care for your minor children if something happens to you. While there are countless tools and forms to craft them on your own, you can benefit from relying on the experience of a dedicated attorney.

Many people postpone creating a will, thinking there will always be time later. In reality, you’re best served by setting up your will as soon as possible. Working with a Montgomery County wills attorney can help ensure that your will complies with Pennsylvania law and accurately reflects your wishes.

What Should I Include in a Will?

Your will can address a wide range of important issues that occur during your life and after your passing. Some of the things your Montgomery County wills lawyer should include are:

Appointment of an Executor

Your will should name an executor to manage your estate. This person is responsible for all important tasks, such as gathering assets and distributing property according to your instructions. Naming someone you trust to this role is crucial, as they’ll be responsible for ensuring your final wishes are respected.

Distribution of Assets

For many people, the primary purpose of a will is to ensure their assets are distributed according to their wishes. There are countless ways to divide an estate among friends and family members, but this flexibility makes it important to have an experienced attorney guiding you.

Guardianship for Minor Children

Parents often use wills to nominate guardians for minor children. While the court ultimately decides guardianship based on the child’s best interests, your nomination provides important guidance.

Specific Gifts

Some people choose to leave certain items or amounts of money to specific individuals or organizations. This is often in the form of money, although some choose to gift heirlooms or even real estate to a charity of their choice.

Residuary Clause

A residuary clause addresses any remaining property not specifically listed elsewhere in the will. This ensures that all assets are properly distributed rather than left unresolved.

The Right Time to Create a Will

Many people believe wills are only necessary later in life, but the right time to create a will is usually much earlier than you might expect. Any adult who owns property, has children, or wants control over how assets are distributed could benefit from having a will in place.

The unexpected can happen at any time, and too many people have put off creating an estate plan until it is too late. To protect your family and ensure your wishes are adhered to in the future, now is the right time to explore your options. Working with a Montgomery County will attorney allows you to create or update a will that reflects priorities.

What Makes a Will Valid in Pennsylvania?

Pennsylvania law establishes specific requirements that must be met for a will to be legally valid.

First, the person creating the will must generally be at least 18 years old and possess testamentary capacity. This means the individual must understand what a will is and what it will mean when they create one. The will must also be in writing. Pennsylvania recognizes typed and handwritten wills as long as all other requirements are satisfied. To be valid, the creator has to sign at the end of the document, although they may direct someone else to sign on their behalf.

Unlike most states, Pennsylvania does not strictly require witnesses for every will. However, it’s a good idea to have witnesses in order to simplify probate proceedings. Because mistakes can affect a document’s validity, many people choose to work with a Montgomery County wills attorney when preparing and signing a will.

How Our Attorneys Can Help

Crafting a will is a complicated process, but you don’t have to take on the challenge alone. Our attorneys can help you in the following ways:

Evaluating Your Estate Planning Needs

Every family has unique circumstances. Before we draft your will, we review your goals, assets, and family structure to recommend the right strategy for you.

Drafting Customized Wills

Generic online templates often fail to address individual concerns or comply fully with Pennsylvania law. We prepare wills customized to your specific situation and wishes.

Coordinating With Other Estate Planning Tools

A will should work alongside powers of attorney, trusts, and healthcare directives. We help ensure that all parts of your estate plan function together properly.

Updating Existing Wills

Life changes may require revisions to your will. We help clients update their estate plans on a regular basis or after major life changes, such as marriage or divorce.

Talk to a Montgomery County Wills Attorney From Our Firm

If you’re thinking about an estate plan, your will is an important piece of the puzzle. Instead of drafting this document on your own, consider first talking to the team at Klenk Law. Our Montgomery County wills attorneys are here to help.

Frequently Asked Questions

What happens if I die without a will?

Pennsylvania intestacy laws determine how your assets are distributed if you die without a valid will.

Can I write my own will?

Yes, but mistakes in drafting or execution can create serious legal problems and increase the risk of disputes.

How often should I update my will?

Most people should review their will every few years or after major life changes such as marriage, divorce, or the birth of a child.

Do wills avoid probate?

No. Wills generally go through probate, although proper estate planning may simplify the process.

Can a will be challenged?

Interested parties may contest a will based on issues such as undue influence, fraud, or lack of capacity.