Drafting Wills and Trusts

The Last Will and Testament is perhaps the most common tool of estate planning. A Will is simply a written document that establishes how your belongings will be distributed upon death. A Will can be short or long, simple or complex. In your Will you nominate a person called an “executor” who acts upon your death to finalize your affairs and distribute your estate in accordance with your Will as your beneficiaries go through the probate process. It is especially important to have a Will that specifies guardianship of any minor children. Even if you feel your estate is small, if you fail to have a Will it can cause problems for those you leave behind. In the event there is no Will, your estate can be distributed according to state law and this might not be to the benefit of your spouse or those you wish to have your property or the manner in which such property should be handled on their behalf. Trusts are sometimes established, either as a stand-alone document or within a Will, which provide for the handling of certain property for the benefit of an individual or charity by a trustee. A trust allows you to decide how you want property or money handled over a defined period of time for an individual or charity. This is frequently seen with special needs children or a disabled adult beneficiary. Brinkley Walser has the depth of experience to guide you through the estate planning process no matter how small or how complex your estate is.