Klenk Law

Answers from a Will Lawyer Allentown, PA Offers

Common Questions When Creating an Estate Plan

Will Lawyer Allentown, PAPeople who are planning their estate may experience a mixture of feelings. It can be difficult to imagine how things will be when you are no longer with your family and friends. However, mortality is part of being human and we must prepare for our passing to the best of our ability. If you do not write a will or create a trust with the help of a will lawyer in Allentown, PA, then your assets and other belongings are at risk for being distributed by a probate court. If you want to ensure that your last wishes are followed in the way that you desire, then consider meeting with a will lawyer in Allentown, PA from Klenk Law

Here in this article we have answered several questions that people often have when writing their will. We are available to help you with your will as well as any other estate planning tools that may suit you. Contact us for a free consultation with our will lawyer in Allentown, PA to learn more, including ways to save on estate taxes.

What are the steps I should take when writing my will?
The idea of planning one’s estate might be daunting and overwhelming at first. If you focus on accomplishing one step at a time, it can seem less distressing than you originally believed. Keep in mind that our will lawyer in Allentown, PA can guide you through each step.

  • For starters, you may want to make a list of all of those friends and family members who are closest to you. Think of the people who you want to have a piece of your legacy in the event of your passing. These could be relatives, close friends, mentors, or even non-profit organizations. 
  • Secondly, compile a list of your assets, belongings, sentimental treasures, etc. Anything that belongs to you that you want to pass on to another person should be included in this list. Then, you can specify which of your assets should be distributed to each loved one. 

What if there are family members that I want to exclude from my will?
You are not required to include all of your family members in your will. In fact, this is one of the reasons for writing a will. If you do not plan your estate with a will or trust, the probate court might distribute your assets to family members you would otherwise not include. For added assurance, your will lawyer in Allentown, PA from Klenk Law can add wordage that specifically excludes those persons, with or without an explanation from you in the will.

Should I meet with an attorney for a final review of my estate plan?
Many people choose to work with a will lawyer in Allentown, PA for feedback and guidance. Those who have never written a will can truly benefit from the advice of legal professional. In addition, you may discover that there are additional choices for estate planning that you may not be aware of, such as trusts. It’s important to have a full understanding of your choices.

Wills and Unmarried Couples
Creating a will is an important task to complete and a will lawyer Allentown, PA community members rely on can make the process easier. It is often difficult to think of creating a will because it forces you to think about a time when you won’t be alive. However, if you do not create a will, your wishes may not be considered. This can affect who receives your property, who will take care of your minor children, or even how you’d like to be laid to rest.

An essential factor to consider when writing a will is if you are in a committed relationship with someone who is not your legally recognized spouse or partner. It could be a disaster for your loved one if you die without a will stating what they are to receive. Without a will or a legally recognized marriage, your property may be given to your blood relatives instead of your partner. This can even include the house they are living in and had lived in with you while you were still alive. To prevent this from happening, you should consider contacting a will lawyer in Allentown, PA from Klenk Law. Our legal team can guide you through the process of creating a will so your wishes can be followed.

Common Law Marriage
There is an urban myth that regardless of where you live in the US if you live with your partner for seven years you’re automatically legally married. This is not the case. Only 15 states and Washington, D.C. view common law marriage as valid, but they have strict guidelines. For your partnership to be recognized as a common law marriage, the two of you must act as though you are married. A will lawyer Allentown, PA residents turn to from our firm can clarify how the law applies in your circumstances, but it could mean you will need to do the following:

  • Use the same last name
  • Refer to one another as spouses
  • File joint income tax returns

If your common law marriage is valid, your common-law spouse would be able to inherit your belongings as though you were a legally married couple. However, laws are always in flux, so consult an Allentown will lawyer from Klenk Law for the most current and pending legislation that could affect your situation.

Living Together Contract
Most states recognize a living together contract. This contract is a written agreement between both parties in the unmarried couple that states possession of the property and other belongings. It can help ensure that property is left to the living party according to whatever decision the couple makes. A living together contract does not replace a will but might avoid probate. Talk to a will lawyer Allentown; PA couples trust from our legal team to discover if this solution will meet your needs.

Protect Your Partner’s Rights
If you are in a committed relationship but you are not married, you will want to take action to protect your partner after your death. Otherwise, a blood relative may be able to prevent your partner from inheriting your property. You should consider taking these steps with the help of a will lawyer Allentown, PA locals recommend:

  • Create a will that states your partner is to receive whatever you would like them to inherit.
  • Name your partner as the beneficiary of your life insurance policies.

Establish a trust that transfers your property to your partner while incurring minimal taxes.
To truly protect your partner after your death, an efficient way is to create a will. The lawyers at Klenk Law have over 25 years of experience creating wills. Call Klenk Law at 484-224-3051 to help ensure your loved one is protected with the help of a will lawyer Allentown, PA offers.

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