Why Do Wills Fail?

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In estate planning, most people understand that having a will is essential because it outlines which heirs receive what assets from the estate. Wills are also critical because they name the estate executor and guardians for any minor children. However, sometimes wills fail.

When a will fails, this is usually because some aspect is missing that would make the will legal. For example, if the testator was under duress, was a minor under the age of 18, didn’t realize they were making a will, or didn’t leave the will in writing, this would indicate a failed will.

If your family is going through the challenging process of administering an estate with a failed will, you need excellent legal counsel. Reach out to our attorneys for help with your loved one’s failed will right away at (516)-928-6594.

What Does a Will Do?

Wills are foundational in most estate plans because they name important people during the estate administration process.

Some critical roles that are indicated in the will are:

  • Beneficiaries
  • Estate executor
  • Guardian for minor children

If your friend or family member died without a will, you might need legal help sorting out the inheritance and fate of the minor children involved. Reach out to our law firm right away for the counsel and representation you deserve.

What Happens if a Will Fails?

In most states, having a failed will or dying intestate results in the state administering the assets in a process known as probate. In probate, a judge will distribute the assets to creditors, pay down debts and taxes, and distribute the remaining funds to heirs according to the law.

While most laws and judges try to administer estates fairly, they are limited in how they may do so. For example, without a will, close friends, unmarried partners, and the decedent’s favorite charities may be left with nothing. The entire estate’s affairs will also become public knowledge because probate is a process that goes on the public record.

Should You Hire Our Wills Attorneys?

If you need help resolving a failed will or if you want to avoid probate for your loved ones following your death, you need the help of experienced wills attorneys.

At our law firm, we have helped countless clients avoid the heavy burden of going through probate while mourning their loved one’s death. We have the experience and know-how to get you through this challenging time with minimal stress and expense. Please reach out to us to speak with our compassionate and capable legal team about how we can help with your unique situation.

Call (516)-928-6594 to schedule your assessment and get the legal counsel and representation you need today!

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