Having a will in place is important for every single adult. This is not something that is always obvious for an individual. It really is important to clearly lay out who should take possession of your belongings once you pass away. Even if you feel like your case would be fairly straightforward or obvious, you should still speak with a skilled Denver, CO Russian speaking will lawyer from Legacy Law Group to see if you are missing anything. After all, having a clear will in place is going to be a final way to show your loved ones that you truly care about them and want to make things easier on them, even after you are gone. 

Settling Disputes 

It is always important to have a will, because you never know when someone may try to make a claim on something in your estate once you are gone. Even if you are married and with no children, things can be more complicated than just giving everything to your spouse once you are deceased. Another family member could claim that you wanted them to have your vehicle or that your antique collectables should be theirs, since they gifted them to you. Although many states make it easy on spouses, some do not. Even if your spouse will certainly be entitled to your belongings, another person may swoop in to fight them for something. It is important to protect your loved ones by having things spelled out clearly in your estate plan. This way, your friends and family can focus on grieving properly and helping one another, rather than fighting. By clearly stating your wishes, loved ones will feel more at peace with whatever you wanted, rather than feeling resentful towards one another or fighting about assets.

Caring For Children

A will is especially important if you have a larger family. You may want to plan your will in a way where your children are given certain belongings. For example, if you are a collector of something, you may want to pass along some of these items to your children, rather than giving them to other extended family. You will also want to ensure you have a legal guardian assigned in case anything happens to you and your spouse. An experienced Denver Russian speaking will lawyer can put everything into simpler terms so that you can figure out what the best arrangement would be for your children if you pass before they become adults. Will lawyers have a great amount of understanding behind this topic and can even help advise you on who to choose in your own life, as lawyers know what some of the foundational needs a court will want to see behind a guardian. 

Four Reasons Why A Will Could Be Contested

As a Denver, CO Russian speaking will lawyer can explain, a last will and testament is a legally binding document that outlines an individual’s wishes regarding the distribution of their assets after their death. While most wills are executed without any issues, there are circumstances in which a will can be contested. Contesting a will means challenging its validity or the way it distributes assets. Here are four common reasons why a will could be contested. For information about your situation, call the Legacy Law Group Colorado.

Lack Of Testamentary Capacity

One of the fundamental requirements for a valid will is that the testator (the person making the will) must have the mental capacity to understand the nature and extent of their property and the consequences of their decisions. If it can be demonstrated that the testator lacked testamentary capacity at the time of creating the will, the document may be contested.

Factors that may lead to a lack of testamentary capacity include dementia, Alzheimer’s disease, mental illness, or the influence of medication or substance abuse. Contestants might argue that the testator did not understand the value of their assets, the identities of their heirs, or the implications of their decisions when drafting the will.

To counteract such challenges, it is advisable for individuals creating a will to do so while they are of sound mind, and it may be helpful to have a medical professional assess their mental capacity at the time of signing the will.

Undue Influence

Undue influence occurs when someone exerts pressure, manipulation, or coercion over the testator, causing them to make decisions in their will that they would not have made otherwise. This influence can come from family members, caregivers, or others who may benefit from the will. If it can be proven that the testator was not acting of their own free will and was subjected to undue influence, the will can be contested.

Signs of undue influence may include sudden and substantial changes to the will, isolation of the testator from other family members and friends, or the presence of a dominant and controlling individual in the testator’s life. To protect against undue influence claims, individuals should consult with a Denver Russian speaking will lawyer privately when creating or amending their will and avoid involving potential beneficiaries in the process.

Lack Of Proper Execution

Each jurisdiction has specific legal requirements for how a will must be executed to be valid. Common requirements include having the will signed by the testator in the presence of witnesses and having those witnesses sign the will as well. If these formalities are not followed, the will may be contested on the grounds of improper execution.

Common execution issues that can lead to will contests include having insufficient witnesses, failing to sign the will in the presence of witnesses, or not properly dating the document. It’s crucial to consult with a Denver Russian speaking will lawyer who is familiar with the laws in your jurisdiction to ensure that your will is executed correctly.

Fraud Or Forgery

Contestants may allege that the will is fraudulent or that the testator’s signature was forged. Fraudulent wills typically involve misrepresentations or deceit in the creation or execution of the will. In cases of forgery, someone may have forged the testator’s signature without their knowledge or consent.

To address these issues, individuals can take precautions such as storing the original will in a secure location, using tamper-evident sealing methods, and keeping copies of the will with trusted individuals. Additionally, witnesses who are present during the signing of the will can attest to the authenticity of the testator’s signature.

While will contests are relatively uncommon, they can arise for various reasons. To minimize the risk contested; being contested, individuals should consult with an experienced Denver Russian speaking will lawyer from Legacy Law Group Colorado when creating or updating their will. Additionally, maintaining open communication with family members and addressing any concerns or disputes before the testator’s passing can help reduce the likelihood of disputes arising after their death.

Reach Out Today To Learn More

Do not hesitate to contact a Denver Russian speaking will lawyer at Legacy Law Group. We will be able to speak with you in great detail about what your will should contain, how much information to put, and even decide if you need to add items, such as a legal medical power of attorney. Your estate and legacy are far too important to put on the backburner. Reach out to us as soon as possible so that you can draft some peace of mind!