Creating A Will

Having a Will is one of the most important things you can do to protect the people you care about. The loss of a loved one is a difficult enough experience, so the last thing that anyone needs is added stress and confusion about the final wishes of someone who has passed on. In our legal system after someone has passed, the debts and assets they leave behind go through a process called Probate.  In MS this happens in the Chancery Court.

If you do not have a Will providing a plan for your real estate and other property, the Chancery Court can only follow state law to resolve any claims or divisions regarding your Estate.  (This process is called intestacy.)  With a Will in place, the Court follows your plan, as long as it is validly made.

Although you may write a Will yourself, it is not advisable to do so. Informal, self-written Wills (if hand-written they are called holographic wills) are often  unclear and incomplete which results in the Will being contested or challenged. If this is the case, the Will stays in Court until complications are resolved. This problem often results in very expensive legal fees and considerable emotional turmoil for anyone personally connected with the Estate.

Since your Estate will go through Court it is more practical and secure to work with a lawyer when you create your Will. A lawyer can make sure that you fully understand all the aspects of your Will and assure that it has valid legal status. Fortunately, for most people making Will is not complicated or costly.Wills appoint an executor or executors who will have the authority to act on your behalf and fairly execute your Will.  A Will should leave distinct instructions for the division of all your possessions and assets among your designated beneficiaries, who can be one person, several people, or even an institution that you select to receive part or all of your Estate.

However, some Wills are complicated, and there are many different choices to consider. Particularly when step families or family businesses are involved, it is highly advisable to seek the advice of a competent attorney.

At Roberts and Associates we have over 25 year of experience providing people with the legal counseling they need to set their final affairs in order by creating a Will. We can promise that when the time comes, those you love will have a concise record detailing your chosen path for the resolution of your Estate. We understand that in a time of mourning, a caring professional guide through the legal system is exactly what people need. Contact us and we will help you take care of this important step for securing you future.

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