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PRACTICE AREASWills Attorney – Slidell & Metairie
Creating a will allows you to make important decisions about what should happen to your property and assets after your death. A properly prepared will can help provide clear instructions for your loved ones, identify beneficiaries, and reduce potential disagreements over your estate. At Frank D’Amico, Jr., we help individuals prepare wills that reflect their wishes and address important matters concerning their property, beneficiaries, and family. We can also help review and update existing wills when circumstances change.
Common Issues Involving Wills
- Distribution of Assets– Specifying how your property, money, investments, and other assets should be distributed.
- Beneficiary Designations– Identifying the people or organizations you want to receive assets from your estate.
- Executor Selection– Choosing a trusted person to manage your estate and carry out the instructions in your will.
- Guardianship of Minor Children– Naming a person who you would want to care for your minor children if you are no longer able to do so.
- Changes in Family Circumstances– Updating a will after marriage, divorce, the birth of a child, or other significant family changes.
- Estate Planning for Blended Families– Addressing the distribution of assets when a family includes children from previous relationships.
- Specific Bequests– Leaving particular property, money, or personal belongings to designated individuals or organizations.
- Will Contests– Addressing disputes over the validity or terms of a will.
- Undue Influence– Investigating situations where someone may have improperly influenced a person when creating or changing a will.
- Will Updates and Revocation– Reviewing an existing will and making changes when your wishes or circumstances change.
Frequently Asked Questions
Do I need a will?
A will can help ensure that your wishes regarding your property and other assets are clearly documented. Without a valid will, your estate may be distributed according to applicable state law rather than according to your personal wishes.
What can I include in my will?
A will can generally address the distribution of assets, specific gifts, the selection of an executor, and guardianship provisions for minor children, among other matters permitted by applicable law.
Who should I name as the executor of my will?
An executor should generally be someone you trust to responsibly handle your estate and follow your instructions. Depending on the circumstances, you may be able to name a family member, friend, attorney, or another qualified person.
Can I change my will?
Yes. A will can generally be changed or replaced during your lifetime as long as you have the legal capacity to do so and follow the applicable requirements. It is a good idea to review your will when there are significant changes in your family, finances, or wishes.
What happens if I die without a will?
When someone dies without a valid will, they are considered to have died intestate. Their property is generally distributed according to the state’s intestacy laws, which may not reflect how they would have chosen to distribute their assets.
Can I leave property to someone who is not a family member?
In many circumstances, you can name friends, charitable organizations, or other individuals and entities as beneficiaries of your estate. The specific rules depend on applicable law and the type of property involved.
Can someone challenge my will?
A will may be challenged under certain circumstances, such as allegations that it was improperly executed, that the person lacked testamentary capacity, or that the will was the result of undue influence or fraud. The requirements for challenging a will vary by jurisdiction.
What if I already have a will?
An existing will should be reviewed periodically to ensure it still reflects your wishes and complies with current law. Major life events such as marriage, divorce, the birth of a child, or significant changes in assets may be reasons to update your estate plan.
Is a will enough to protect my entire estate?
A will is an important estate planning document, but it may not address every estate planning concern. Depending on your circumstances, other tools such as trusts, powers of attorney, healthcare directives, and beneficiary designations may also be appropriate.
Do I need an attorney to prepare a will?
Although there are ways to create a will without an attorney, professional guidance can help ensure that your wishes are properly documented and that the will complies with applicable legal requirements. Frank D’Amico, Jr. can review your circumstances and help you create or update an estate plan designed to address your needs and wishes.