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Asset Distribution After Death: Why Having A Will Is Vital

by Layla Bryant

Creating a will to determine how your assets will legally be distributed upon your death is a great way to prevent conflict between family members. Although it is possible for a will to be contested in probate court, it will likely remain as you want it unless someone can prove that you were incompetent when it was drafted up.

Below, learn why a will is vital after death and what the grounds are for someone to contest it:

Why is a Will Vital After Death?

A will is vital when you have a large amount of valuable assets that will be left behind after death. With a will in place, you will have the authority to choose how your assets are distributed before death occurs. For instance, you can state which of your children will inherit certain assets, as well as appoint someone to care for your children if death occurs when they are still minors. The will can also put someone in charge of property that you have handed down to children until they are old enough to gain possession of it.

An executor must also be named in your will so he or she can make sure your assets are distributed as you desire. The executor will have to start proceedings in a probate court to make sure the asset distribution process is done legally. Probate court proceedings can last a long time if there are family members in dispute with what is in the will.

What are the Grounds for Contesting a Will?

Any of your loved ones can legally contest your will if they allege that you were not in your right mind when it was created. Contesting a will must be done in probate court and a sufficient amount of evidence must be accompanied with the dispute. Your executor will have the authority to hire a lawyer to prove that the dispute is invalid. Due to a will being a legally binding document, the probate judge will make sure your desires are kept in mind if the will is contested by someone.

Don't take the risk of leaving your assets in the hands of someone that you don't trust after death. Make sure you have a legal document that details how you want your assets distributed. A lawyer can help you come up with a will that will be hard to contest in probate court. For more information, contact a company like Cappello George M Lawyer with any questions you have.