Why Your Will Might Fail

July 15, 2020

Did you know that even with a Will that your family will still end up in court?

Why Your Will Might Fail

One of the hardest phone calls I (David Taylor – Attorney) get is when someone is at the bank with a Will and they are confused as to why the bank is telling them they need to see a lawyer. Once the client comes into my office the client says something like this:

“We don’t understand! Dad told us that he saw an attorney and he got everything taken care of. We took these documents to the bank and they’re telling us we need to do something called probate.”

The client then asks me what it will take to fix everything, and I have to be the bearer of bad news to tell them that they need to pay me thousands of dollars to commence a lawsuit called probate. This whole process makes attorneys look bad, but more importantly it leaves the grieving family members in an unpleasant situation.

The issue here is a lack of education. Many people get their documents done either through an attorney or through a self-help option, but they do not realize what really happens when they pass away. I’m talking about a very common misconception, so let me clear it up now: A WILL DOES NOT AVOID PROBATE! Rather, a Will DIRECTS the probate court.

So why do a Will? A Will still can be a powerful instrument to help simplify the probate process and to make sure property gets to the right people. But, if you did a Will thinking that you are going to make things simple for your loved ones when you pass away, you might be misguided.

At Twin Falls Estate Planning we believe that one of the most important parts of Estate Planning is education. Our attorneys take the time to educate our clients to ensure your wishes are carried out. If you did your Will and aren’t sure if it will carry out your wishes and make things simple for your loved ones, then please contact us to discuss options for receiving an education at [email protected] or 208-733-7200.

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