Polk County Attorneys Helping You With a Will in Des Moines, Iowa & Nearby
It is hard to think about death or to consider the idea of becoming incapacitated. However, establishing a plan for these situations is important to ensure that your estate is distributed according to your wishes and that those you care about receive the support and assets you have worked so hard to earn.
The only way to ensure that your wishes for your estate are heard and followed after your death is to create a will that outlines how your assets will be divided. A will also allows you to appoint a guardian for any minor children after your death and to name an executor of the will, an individual you trust to ensure the will is followed per your wishes. Finally, with the guidance of an estate planning attorney, you can establish a last will and testament that reflects your wishes for your estate after your death. Contact one of our attorneys in Des Moines, Iowa to help with a will today.
We Can Help You Create an Estate Plan in Polk County, Iowa
Estate planning is a broad legal term that involves drafting legal documents and structures that allow your wishes for your estate to be fulfilled upon death. One of the most common aspects of estate planning is the last will and testament, which decides how you would like your estate to be divided and who will be the beneficiaries of that estate. In some situations, estate, and gift taxes also need to be considered.
Another type of estate planning that many find helpful is a living will or durable power of attorney for health care, which points out your wishes involving medical decisions should you become incapacitated and unable to make those decisions.
Trusts, such as a revocable living or an educational trust for your children, are other ways to plan for the management of your estate and assets in the event of your incapacity or death. Generally speaking, the establishment of a trust does not exclude the need for a will. A will can state the division of assets that may not be kept in trust, and it can nominate a guardian for minor children. Also, a trust can usually make sure that your assets are distributed outside the probate court.
Do You Need a Last Will and Testament or an Estate Plan in Des Moines, IA?
Everybody should at least consider making a will. A will is about more than the division of a larger estate, and creating a will is not something solely for those with large assets.
If you are to die intestate, or without a will, the state of Iowa will decide how your assets will be divided. In some situations, the laws of intestate succession may follow alongside the decedent’s wishes, but in other situations, that may not be the case at all. Most state law follows a default formula for intestate succession, giving the estate to a surviving spouse or splitting up the estate between the spouse and children.
If you are not married, things may become more complex. For example, if you are unmarried and without children, your parents inherit your estate without a will. In this scenario, an unmarried partner would likely receive nothing. It would be the same with stepchildren.
The only way to ensure that those you love are provided per your wishes in Polk County, rather than a formula dictated by state law, is to create a legally binding will with the help of a wills attorney who makes those wishes known.
Contact a Des Moines, Iowa Attorney Today to Schedule an Initial Consultation to Create a Will in Polk County
If you are interested in establishing a will to protect your estate and avoid issues in probate, talk with a lawyer who knows the laws in your state related to wills. To set up a consultation with Stange Law Firm, please call 855-805-0595 or contact us online.
Polk County (Des Moines), Iowa Office (515-706-9130) | 699 Walnut St., Suite 455, Des Moines, Iowa 50309