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Wills

Last Will and Testament

Your Last Will & Testament is one of the most important documents in your life. It’s vital that it’s properly drafted in order to protect yourself, your assets, and your loved ones in the event you become incapacitated or pass away.

Before creating your will, ask yourself the following questions:

  • What your goals for estate planning?
  • What property and people do you want to protect?
  • What assets do you intend to distribute?
  • Are there any charities or organizations you’d like to donate to?
  • Are there any possible conflicts you’d like to avoid?
  • Do you have any other specific concerns?

When you’re ready to get started on your will, contact Katy Wills Attorney Beth Serafini Smith. With over 15 years of legal experience and glowing testimonials from previous clients, Beth is the best Attorney to help you with your estate planning needs.

Stress-Free Will Drafting

Work with Beth at the Serafini Smith Law Firm to help you protect your loved ones and assets for the future. In addition, Beth can help you avoid common pitfalls that can arise through legal deficiencies or internal family conflict. From start to finish, the process of creating a Will with Attorney Beth Serafini-Smith is easy and stress-free.

“Ms. Smith was very easy to work with and explained everything so that it was easily understandable. Writing your Will isn’t really fun, but she made it pleasant and painless!” – Renee

A valid typewritten Will needs 2 disinterested witnesses, which can be anyone who isn’t a beneficiary under the Will and age 14 or older. The testator/testatrix and witnesses must sign the Will in each other’s presence, and must be 18 years or older at the time of signing (some exceptions apply).

Contigent Trusts

Every Last Will & Testament should include a contingent trust. This provision protects young beneficiaries from inheriting property or funds before a certain age. Their inheritance will go into a contingent trust, managed by a trustee, until they reach a certain age. You decide what age that is. The trustee can use those funds for the beneficiary’s health, education, maintenance, and support. Once the beneficiary reaches the age you set forth, they will receive any unused funds from the trust outright and free of trust.

Testamentary Trusts

These are trusts created in a Will, often used to protect any inheritance from a beneficiary who may be irresponsible with money. They can also be used to prevent the spouse of your adult child to have any access to the inheritance. These can last for several years or until the beneficiary dies. A trustee would manage the funds, and the funds can be used for the health, education, maintenance, or support of the beneficiary.

Supplemental Needs Trusts

A Supplemental Needs Trust is a trust provided for in your Will that is recommended for any beneficiary that has any special needs, such as a physical or mental disability.

The funds the beneficiary inherits goes into a Supplemental Needs Trust and not directly to the beneficiary. This protects any public benefits the beneficiary may be receiving and allows them to continue to receive the public benefits. In other words, setting up a Supplemental Needs Trust ensures your beneficiary will be taken care of, without negatively affecting any benefits they may already be receiving, like Medicaid.

Drafting Your Final Message to Your Family

The Serafini Smith Law Firm understands that drafting a will can be emotional and extremely personal. I handle your estate planning with patience, compassion, and respect. You can expect absolute privacy and confidentiality, as well as exceptional customer service. Beth Serafini-Smith can help you create a will that protects your family, property, and assets for the future.

Types of Wills

There are several different types of wills, and The Serafini Smith Law Firm can help you draft a will that works for you and your family.

  • Living Will – While a will explains the testator’s wishes upon their death, a living will explains their wishes about the withholding of life-sustaining procedure if they’re unable to make decisions about their healthcare.
  • Simple Wills – A simple will lets you appoint an executor, express your wishes, and spend less time and money on the probate process. This is most commonly used if you want to pass on all your assets to one or two beneficiaries, and there aren’t any serious family conflicts to consider.
  • Complex Wills – A complex will usually involves tax planning, trusts, beneficiary designations on retirement accounts and life insurance, and provisions for any other special situations.
  • Tax Planning Wills – Tax planning wills lower estate tax costs and can prevent your family from having to sell assets (like real estate) simply to pay estate taxes.
  • Wills with Built-in Trusts – This is the best option if you’re leaving your assets to a beneficiary who is very young or has special needs. In the meantime, you can name a trustee to handle the property on behalf of your beneficiary.

 

No matter your specific needs, The Serafini Smith Law Firm is highly experienced and can help you craft a will that protects your family and your assets.

Contact The Serafini Smith Law Firm

Schedule your free consultation by calling 281-644-0438 or filling out the form below.