Wills Lawyers in Hopkinsville, KY, Providing Quality Estate Planning Services For Clients
Creating a will is one of the most accessible legal options individuals can utilize to ensure their heirs and beneficiaries are provided for after their death. A will can provide guidelines as to how your property and assets should be distributed to your heirs and other beneficiaries, pay outstanding debts, and even how you wish to be buried.
However, many Kentucky citizens need to take advantage of this easy legal option. Many people mistakenly believe their family will still automatically inherit their assets if they do not have a will. Sadly, this is not always the case. As a result, their families are often left to deal with costly and time-consuming legal issues that delay them being able to obtain the resources they need.
No one wants to think about their family struggling financially after their death. For this reason, it is in your best interests to take the time to write a will to ensure that your family will receive the property you intend for them to have.
Contact Crow Estate Planning and Probate, PLC of Hopkinsville, KY, to schedule a free initial consultation to discuss your needs and what legal options may be available.
What Happens to My Assets if I Die Without a Will?
When an individual dies in Kentucky without leaving a will, their assets will be distributed to their closest relatives via the state’s intestate succession laws. Although this process may seem straightforward, it can be expensive and time-consuming for families needing to access financial resources quickly.
It is also vital that Kentucky citizens realize that when they die and do not leave a will, their estate must go through probate. The lengthy probate process can drag on for months or even years, depending on the size of the estate and other circumstances. However, before any assets can be distributed, all of the estate’s outstanding debts and administration costs must be paid.
Intestate succession laws include:
- If there is only a surviving spouse but no children, the spouse will inherit the entire estate.
- If there is a surviving spouse and children, the spouse receives one-half of the estate while the children receive the other half.
- If any of the decedent’s children predecease them, their share will go to their children.
- If the decedent leaves no spouse or children, their estate will be distributed to their mother and father. If one parent is deceased, the surviving parent inherits the entire estate.
- Without any surviving parents, the estate would be divided among the decedent’s brothers and sisters.
For more information about Kentucky’s intestacy laws and how you can prevent your family and other beneficiaries from having to wait for the assets you intend them to have, contact our law offices immediately. We will gladly schedule an appointment with one of our knowledgeable lawyers who can help you with your legal needs.
What Are the Requirements to Make a Will in Kentucky?
Although writing a will may sound intimidating, it is a fairly simple process as long as all state requirements are fulfilled, which include:
- Kentucky law requires that all wills be written.
- The testator, the individual who creates the will, must be at least 18 years of age.
- The testator must be of sound mind.
- The will must be signed by the testator or agent under their direction and in their presence.
- The testator must sign or acknowledge the will in the presence of two witnesses. Then, the two witnesses are required to sign the will in the presence of the testator.
If it is later discovered that any of the state’s legal requirements have not been adequately fulfilled, the will’s validity can be contested in court. When a will is contested, the court will investigate to ensure the will is valid. If it determines the will is not valid, then the estate will be distributed through state intestacy laws. Obviously, this court proceedings can significantly delay heirs from receiving their inheritance and lead to high legal fees
One of the best ways to ensure that your will meets all state requirements and will hold up to any potential legal scrutiny is to hire an experienced wills attorney like those of Crow Estate Planning and Probate, PLC.
Are All Wills Subject to Probate?
Many people need clarification about the probate process and what it entails. Probate is the name for the legal process of administering a decedent’s death. During this process, the will is validated, and the administrator ensures that all assets are collected, and estate debts are fully paid. After all the estate debts are paid, the assets are distributed to the rightful beneficiaries.
However, Kentucky law stipulates that small estates do not have to go through probate. If the will does not leave any personal property or there is a surviving spouse, and any property that may be subject to probate is less than $15,000, then probate may be avoided.
Furthermore, other issues can arise during probate, further complicating the process. One of the most common occurs when one of the heirs chooses to contest the will. If the will is contested this can further delay the probate process and take considerably more time and money.
Often probate laws can be challenging to try and navigate independently. However, with the assistance of one of our experienced estate planning and probate lawyers, you can have peace of mind knowing that your final wishes will be fulfilled.
What Makes Your Law Firm the Best Choice For My Estate Planning Needs?
Crow Estate Planning and Probate, PLC of Hopkinsville, KY, is a law firm that focuses solely on helping individuals and their families plan for the future. Our legal team recognizes that planning for your family after your death may be emotionally challenging. However, by writing a will now, you can save your family a great deal of time and legal expenses.
When you choose us for your estate planning needs, a qualified legal team member will sit down with you and thoroughly evaluate your needs. Together we can create a comprehensive will to ensure your loved ones and other beneficiaries receive the financial resources they need to live comfortably after you pass away.
Crow Estate Planning and Probate, PLC has built a solid reputation for producing legal documents that meet all legal requirements and clearly states clients’ final wishes. We take pride in listening to our client’s needs to ensure they feel confident their assets will be distributed as intended.
Other law firms may offer services that can help you create a will. However, estate planning may only be one small aspect of their legal practice. Our attorneys have extensive experience writing wills and helping clients feel confident about the future. If you would like to create a will or have other legal questions, contact our law offices in Hopkinsville at 270-479-7636 and ask to schedule a free initial consultation.