Indiana Estate Attorneys Giving You the Representation You Need for Writing Wills

A last will and testament is one of the most important documents most people will ever sign. As the name implies, it provides final instructions for wrapping up a person’s earthly belongings and concerns after they have passed away. It will determine who obtains what assets, including homes, vehicles, and treasured possessions, including family heirlooms. In some instances, it may even determine who obtains custody of minor children.

Because wills are such vital legal documents, it’s important they be drafted correctly and leave no room for interpretation. A poorly worded will or one executed under the wrong circumstances could lead to it being challenged in court. If your will is challenged, your assets could end up in probate. It could also lead to a custody battle if children are involved. This is why it’s important to work with an attorney when drafting a will. They can help ensure there won’t be any legal barriers to your last wishes being followed.

What is a Will in Indiana?

Wills are legally binding documents that express your final wishes. In the event of a person’s death, the wishes and commands expressed in their will must be fulfilled unless they violate the law or break any contracts the person had entered into before death. Examples of instructions that can be left behind in a will include:

Distribution of Assets Including Houses, Cars, and Other Property
Distribution of Monetary Inheritance
Conditional Gifts (Material Rewards for Certain Wishes Being Fulfilled)
Establishing a Charitable Trust
Establishing a Trust Fund for Family or Friends
Wishes for Business Interests
Child Custody
Funeral Arrangements

Wills are especially important for people who plan on leaving behind a great deal of assets. They are also important for people who will leave behind significant business interests such as full or partial ownership of a company, stock options, or more.

Wills are also important for people who will not be leaving behind much. Everyone wants to ensure their treasured possessions and money end up where they want. Wills are also key to establishing funeral arrangements and child custody. This is why wills are important for everyone regardless of financial status.

What Happens if I Don’t Leave Behind a Will in Indiana?

Failure to leave behind a clearly written will can result in some or all of your possessions going into probate. Probate is a legal process in which the court system determines who will inherit your assets, obtain child custody, and handle your estate. In most cases, orders in a will can prevent any or all of your estate from entering probate.

However, if your instructions are not clear, or there is no will, your family and friends could find themselves facing an uphill battle. The probate process can be long and complicated. This is because it must consider every potential legal claim to every aspect of your estate.

Anyone who believes they have a reasonable claim to any part of your estate can become involved in the probate process. This means probate can last for months and even years. During this period, your friends and family may not be able to take possession of or use any assets you intended for them to have. Depending on the result of probate, the people you wished to inherit your assets may only end up with some or none of their intended inheritance.

Another factor to consider is child custody. If you do not establish custody in your will, it could lead to a custody battle. This is especially true if you are your child/children’s sole legal guardian. If you do not establish custody in your will, your child or children could potentially end up in the care of the state. This could even happen pending the state finding a family member who will take them in. If no family members are readily available or unwilling/unable to take custody, your children could be put into the system until they are of legal age.

How Do I Avoid Probate in Indiana?

A well-written will can help you avoid your estate and/or assets from entering probate. This is because probate is meant to determine who is legally entitled to your estate. Your wishes can explicitly state what you wish to happen to your estate. A well-crafted will should establish:

Your Beneficiaries (Who Will Inherit)
Your Assets (What Will Be Inherited)
Your Executor (Who Will Manage Your Will)
Your Witnesses (Who Verified the Will)

Beneficiaries will include anyone you want to inherit assets. It can be as few as one person or include as many people as you wish. A will should also include a comprehensive list of assets and which beneficiaries you wish to inherit them. If you have numerous assets or only a few beneficiaries, you can state that any assets not specifically named will legally go to one or more named beneficiaries.

An executor is a person you trust to make sure your wishes as stated in the will are carried out. Often this is an attorney or other legal professional, but it can be anyone you believe will ensure carries out your wishes. It is also important to have witnesses sign the will. Witnesses ensure your will cannot be challenged later. Potential challenges include claims that your will was a forgery, signed under duress, or otherwise bogus.

What Should I Do If I Need to Write a Will in Indiana?

Writing a will is a rewarding process. It ensures your children are protected and your assets will be distributed accordingly. It also protects your loved ones and friends from having to face a potential probate process. Because they are such complex and important documents, drafting a good will can be difficult. While anyone can write a will, a will that does not take into account all of the appropriate legal, financial, and custodial matters can be challenged in court. It may also simply fail to account for certain things that result in portions of your estate entering probate. This is why it’s important to consult an attorney when drafting a will.

If you or a loved one need to draft a will, contact the attorneys at Beeman Heifner Benge P.A. right away. They’re located at 10475 Crosspoint Blvd., #425, Indianapolis IN 46256. The attorneys of Beeman Heifner Benge P.A. are experienced in helping clients draft wills that ensure all of their assets are taken care. They know how difficult the process can be and approach every client with care, compassion, and diligence. They want everyone to have peace of mind and not to worry about what will happen to their assets or family after they’re gone. The attorneys of Beeman Heifner Benge P.A. consider each client and their case individually, and help craft unique wills for every person to give them the maximum peace of mind.

Drafting a will can be difficult. Leaving behind an estate with no will or a poorly written will can be even more difficult for your friends and loved ones. You can help make a difficult time for them even easier. If you or a loved one need to write a will, don’t hesitate to contact Beeman Heifner Benge P.A. today at 765-684-4355 or email us for a FREE consultation. We can help plan for your future today.