Before we get into what’s most important in probate legal work, let’s clearly define what that is.

Probate refers to creating (or more accurately, to “proving”) a last will and testament, or as it’s known in plain English, a will.

Most people understand vaguely why you need a will – they see it in terms of making sure your wishes are honored after you pass away.

But there’s a little more detail to how qualified legal professionals help individuals, couples, and business owners to set up their last will and testament.

Beneficiaries – Who Gets What?

This is probably the most ‘famous’ or familiar part of the will. It’s where you decide where the value goes from your assets, and who will be getting the money.

In some cases, this is clearly straightforward, for example, if you have one child. But if there are other people in the mix, it becomes much more complicated quickly. We work with our clients to spell out how beneficiaries share value from the client’s assets, explaining in detail how all of this works legally.

Executors – How Things Get Managed

This part of your will is slightly different. It has to do with who will make the key decisions in handling assets that aren’t just about doling out moneybags.

If you have a significant net worth, you probably have at least one asset that’s not as easy to liquidate as others. That could be a business or any complex holding that can’t just be sold for cash immediately.

The executors are the people who are going to make these decisions for you, and it’s important to treat this issue in your well as well.

Child Custody

This part of the will is not something that the client is always thinking about from the very beginning. On the other hand, more people are hearing that custody is perhaps the most important part of the will, because, without some clear directive, children could wind up in the custody of unwanted guardians or even the state.

The unfortunate reality is that it becomes hard to safeguard your children’s guardianship after your death unless you set up a clear will delineating who’s going to take custody of the child or children. Most people select a sibling or other family member, which is entirely appropriate. But if you don’t put in writing, the court may not honor it. That’s another reason to be proactive about getting your will recorded and keeping it up to date.

Talk to The Hedtke Law Group about probate legal work and “proving” your will to make sure your last requests are honored when you’re not around anymore.