If your parent is getting older or they've been diagnosed with a terminal disease, they may want to get their estate in order, especially if they own valuable properties, stocks, and other possessions their heirs may fight over. You can help your parent go through this process easier by hiring an estate attorney. Here's a look at the process of creating a will and having it carried out through the courts.
An Estate Attorney Helps With A Legal Will
Having a will is important at all stages of life, but it's especially important in the senior years when your parent's lifespan is limited. By the time your parent is a senior, they may have accumulated a lot of possessions, and the possessions will be distributed after they die. By creating a will, your parent gets to choose who gets what, and that may limit fighting and hard feelings when the will is read.
End Of Life Care Can Be Made Known
Another important reason you should encourage your parent to make their final wishes known is so the right steps will be taken if they become mentally or physically disabled. Your parent may not want their life to be extended with medical care, but that decision is often difficult for adult children to make.
You might be so emotional when your parent is at the end of their disease that you want to try all possible medical treatments. However, if your parent makes their wishes known and has legal documents prepared, they may get their final wishes of not having CPR or being put on machines to stay alive.
An Estate Attorney Makes Things Easier For You
If your parent dies without a will, things could get contentious with other family members who want part of your parent's estate. Family members may even argue over sentimental items that have little monetary value. Strangers may present claims on the estate. Creditors may also want to be paid off after your parent dies.
An estate attorney plans ahead for all of these situations so there is less pressure put on you as the estate representative or executor. After your parent dies, their will is filed with the court and the estate goes into probate. Probate can last for many months, and if there are disagreements, it could drag on for a few years.
You'll have to follow the laws of your state that give creditors and others a set amount of time to file a claim on the estate. But these claims can often be settled if your parent has a will.
For more information, contact an estate attorney near you.
Share7 February 2023
Too many single people assume they don't need to plan their estate. My brother fell into this category, and his unexpected passing left our entire family struggling to deal with his home, belongings, and financial accounts. It took nearly three years for the courts to set up a deal because he left no paperwork detailing how he wanted his estate divided. The situation immediately convinced me to work on my own estate, even though I'm still in my early 30's and don't have children or a spouse to worry about. Since it's a little harder to pick beneficiaries and estate managers when you're single, I collected the resources I used for making my own decisions and decided to publish them here on my blog. Use these resources before talking to an estate planning attorney so you're prepared for making hard decisions.