Will Attorney in Tacoma
Creating & Updating Wills for Clients in Tacoma & Surrounding Areas
A will is one of the most basic and important estate planning documents. It is a legal document that specifies how a person's property and assets will be distributed upon their death. A will can also include instructions for the care of minor children, as well as the designation of a guardian. It is not necessary to have a great deal of wealth or property to benefit from having a will. Even individuals with modest assets can benefit from having a will.
At McCarthy Law Office, PLLC, we have more than 20 years of experience helping clients with their estate planning needs. Our Tacoma wills attorney can assist you with drafting a will that meets all of your needs and goals. We can also help you update an existing will as your circumstances change.
Ensuring your will is up to date is crucial not only for asset allocation but also for addressing life changes such as marriage, the birth of children, or new acquisitions. Regular updates can prevent future disputes and ensure your wishes are accurately recorded. Furthermore, having a will is a step towards responsible planning, offering peace of mind that your affairs are in order, and reducing strain on loved ones during challenging times.
To learn more about how we can assist you, call our Tacoma wills attorney at (844) 224-5029 or contact us online today.
What Can a Will Do?
A will can be used to distribute property and assets in a variety of ways. It can also be used to specify what will happen to a person's property and assets if certain conditions are met.
Here are a few examples of what a will can do:
- It can be used to leave assets to a specific individual or organization, such as a charity.
- It can be used to create a trust for a minor child.
- It can be used to specify how a person's assets will be split among their children.
- It can be used to disinherit a specific person.
A will is also the only legal document in which you can name a guardian for your minor children. If you have minor children, this is an important reason to have a will. A will can also be used to name an executor for your estate. This is the person who will be in charge of handling your affairs after your death.
In addition to naming an executor, a will allows you to appoint alternate guardians and executors. This ensures continuity and adherence to your wishes should the primary appointees be unable to serve. Furthermore, a will can specify funeral arrangements and address other personal wishes that may not be covered in other legal documents. Utilizing a will can prevent ambiguity and streamline processes, benefiting your beneficiaries and lessening potential stress during a difficult time.
Why Do I Need a Will?
Many people assume that if they die without a will, their assets will be distributed to their family as they would have wanted. However, this is not always the case.
Here are a few reasons why you should have a will:
- It ensures that your assets go to the people you want them to go to.
- It can help avoid family disputes and legal battles.
- It can help reduce the estate tax burden on your family.
- It can help your family avoid the long and costly probate process.
- It can be used to name a guardian for your minor children.
- It can be used to leave money to a charity or organization you support.
A will is a simple and affordable way to make sure your assets are distributed according to your wishes and that your family is taken care of.
Having a will also provides clarity among your loved ones and can serve as a tool for sharing your overall vision and aspirations for your estate. By explicitly stating your preferences, you can alleviate potential stress during an emotional period, ensuring a smoother transition and preserving family harmony. A will is an effective mechanism for organizing your legacy, protecting it from unintended pitfalls.
What Are the Requirements for Making a Will in Washington State?
Washington State has specific requirements for a will to be legally valid. If these requirements are not met, a will may be declared invalid, and the estate may be distributed by the state of Washington.
A will in Washington State must meet the following requirements:
- It must be in writing.
- It must be signed by the person making the will (the testator) or someone doing so in the testator's name and their presence.
- The signature must be witnessed by at least two competent witnesses who also sign the will.
A will can be made in Washington State by a person who is at least 18 years old and of sound mind. A will can be changed or revoked at any time. If you make a new will, your old will is automatically revoked.
A will does not need to be notarized in Washington State. However, a notarized will that is out-of-state is considered a "self-proving will" and can be admitted to probate without the testimony of the witnesses.
Understanding these requirements can prevent unnecessary challenges during probate, saving time and resources. Additionally, having a legally sound will ensures your wishes are honored, minimizing the likelihood of disputes among heirs. Engaging a professional to navigate these requirements can provide further assurance that the will will accurately reflect your intentions within the legal framework. Reach out to a qualified will lawyer from McCarthy Law Office, PLLC right away.
How Often Should I Update My Will?
You should review your will every three to five years, especially if there have been any significant changes in your life. Here are a few examples of when you should update your will:
- You have gotten married or divorced.
- You have had a child or adopted a child.
- You have moved to a different state.
- You have acquired new property or assets.
- You have started a new business.
- You have had a significant change in your financial situation.
- You have had a significant change in your relationship with a family member.
If you have only minor changes to make to your will, you can make a codicil. This is a separate legal document that is used to make changes to a will. A codicil must be signed and witnessed just like a will. However, if you have many changes to make, it may be easier to simply create a new will.
Regularly updating your will not only aligns with life changes but also keeps it aligned with current legal standards and tax regulations. This proactive practice allows for seamless integration of relevant legislative adjustments that could impact your estate planning. As laws evolve, ensuring that your documents continually reflect both personal developments and legal shifts is a prudent approach to safeguarding your intentions.
Do I Need a Lawyer to Make a Will?
It is not legally required to have a lawyer assist you with drafting a will. However, it is highly recommended. A will is a legal document that must meet certain requirements to be legally valid.
Here are a few reasons why you should hire a lawyer to help you make a will:
- It ensures that your will is legally valid.
- It helps you avoid making mistakes that could lead to a will contest.
- It ensures that your will meets all of your needs and goals.
- It helps you make sure that your will is properly executed.
- It provides you with peace of mind.
A lawyer can also help you with other estate planning documents, such as a living will, a durable power of attorney, and a health care directive. These documents can help ensure that your wishes are carried out if you become incapacitated.
Working with a legal professional can also provide you with a personalized strategy tailored to your unique situation, maximizing the benefits of your estate plan. Lawyers are adept at foreseeing potential issues and can offer solutions to preemptively address them, ensuring that your estate plan remains robust and functional. Engaging legal advice is an investment in both your peace of mind and the future well-being of your beneficiaries. Connect with a seasoned will attorney at McCarthy Law Office, PLLC for experienced guidance.
Plan for the future with a trusted will lawyer in Tacoma. Call (844) 224-5029 or contact us online to protect your legacy and loved ones.
How to Create a Will
Initial Consultation
The first step is an initial consultation to discuss your goals and understand your unique circumstances. During this meeting, key topics will include:
- Assets and Liabilities: A thorough review of your assets, liabilities, and overall estate value.
- Beneficiaries: Identifying who you want to inherit your assets and in what proportions.
- Guardianship: If you have minor children, you must decide who will be their legal guardian.
- Executors: Choosing the person who will manage your estate and ensure your wishes are fulfilled.
- Special Provisions: Any specific wishes, such as charitable donations or special bequests.
Gathering this information sets a strong foundation for your will, reflecting personal nuances and foresight. This initial stage is crucial for clarifying your vision and objectives, establishing the pathway for your estate planning journey. Discussions during consultations also open opportunities to address questions, laying a collaborative groundwork for decision-making in later stages.
Drafting the Will
Based on the information gathered during the consultation, a customized will is drafted. This document will reflect your intentions clearly and comply with all relevant legal requirements.
Key components of the draft include:
- Introduction and Revocation: Stating your full name, revoking any previous wills, and declaring this document as your last will and testament.
- Executor Appointment: Naming your executor(s) and any alternates if the primary executor cannot serve.
- Guardian Appointment: Designating guardians for minor children, if applicable.
- Specific Bequests: Detailing any specific gifts to individuals or organizations.
- Residuary Estate: Explaining how the remainder of your estate will be distributed after specific bequests are fulfilled.
- Signatures and Witnesses: Including spaces for your signature and those of witnesses, adhering to legal formalities.
The drafting phase solidifies your estate planning blueprint, translating your verbal directives into legal text. This step demands precision and thorough review, ensuring each clause is articulated accurately to serve your anticipated outcomes effectively. A meticulously drafted will reduces ambiguity and sets clear expectations for your executors and beneficiaries.
Review and Revisions
Once the draft is complete, a review meeting is scheduled. This is an opportunity to:
- Clarify Provisions: Ensure all aspects of the will reflect your intentions accurately.
- Make Revisions: Address any changes or additions you may have thought of since the initial drafting.
- Legal Advice: Receive guidance on any complex issues or concerns that may have arisen.
This stage invites critical evaluation and adjustments, allowing flexibility in aligning the document with your evolving priorities or unforeseen considerations. It’s during this review that your legal advisor can provide clarity, anticipate potential queries, and suggest optimizations for robustness against future challenges.
Finalization
After any necessary revisions, the final version of your will is prepared. To ensure its validity:
- Signing Ceremony: The will must be signed in the presence of witnesses. Typically, two witnesses are required to sign, verifying that they observed you sign the will.
- Notarization: While not always required, notarizing the will can add an extra layer of authenticity and prevent future challenges.
The finalization step furnishes your will with legal standing, cementing your directives. This affirmation is crucial, ensuring the transition from planning to practice, safeguarding your legacy, and affirming its legal fortitude. Proper execution solidifies the simplicity and security critical in estate planning.
Get the support you need from our skilled will lawyer at McCarthy Law Office, PLLC. Reach out via online form or dial (844) 224-5029 now to book your no-cost initial consultation.
Importance of Wills & Trusts in Tacoma
Estate planning is not just about asset distribution but also about considering the economic and social implications for your family. With Tacoma's growing population, land values have steadily increased, making real estate assets a significant portion of many residents' estates. Consequently, proper planning through wills and trusts ensures your estate is administered according to your wishes, potentially reducing the tax burden and ensuring your beneficiaries receive the maximum benefit.
Trusts offer the added benefit of privacy, keeping your estate out of public probate records, which is especially important in tightly knit communities where privacy is valued. Given the diverse range of family dynamics in Tacoma, including blended families, trusts can provide flexibility and customization in estate planning, allowing you to assign assets and responsibilities more precisely than a will alone. This comprehensive approach secures your financial legacy, reflecting the unique needs and values of your Tacoma household.
What Is the Difference Between a Will and a Trust?
A will and a trust are both important estate planning documents. However, they serve different purposes. Here are a few differences between a will and a trust:
- A will goes into effect after your death, while a trust goes into effect as soon as it is created.
- A will can be used to name a guardian for your minor children, while a trust cannot.
- A will must go through the probate process, while a trust does not.
- A will is a public document, while a trust is not.
A will and a trust can be used together as part of a comprehensive estate plan. For example, a will can be used to name a guardian for your minor children, while a trust can be used to leave money to your children and specify when they will receive it.
Understanding the distinct roles that wills and trusts play can greatly enhance the effectiveness of your estate planning strategy. Trusts can offer more control and flexibility during your lifetime, providing a vehicle for specific financial goals and tax benefits. Meanwhile, wills solidify your final wishes and handle matters not addressed by other estate planning tools. Together, they create a comprehensive and tailored approach, safeguarding your preferences and intentions for the benefit of your heirs.
- More In Our Blog: Wills vs. Living Trust: What You Need to Know
Common Misconceptions About Estate Planning
One of the most common misconceptions about estate planning is that it is only necessary for the wealthy. In reality, estate planning is crucial for everyone, regardless of asset size. Without a will or trust in place, your estate may be subject to state intestacy laws, which do not always align with personal wishes, potentially leading to unintended distributions or family stress. This underscores the importance of proactively securing a legal framework for your estate.
Another misunderstanding is that estate planning is a one-time task. While establishing a plan is an essential step, regularly updating documents to reflect life changes, such as marriage or relocation, ensures continued relevancy and effectiveness. Estate planning should be viewed as a dynamic process, integral to responsible financial and familial stewardship. This ongoing effort protects your interests and provides peace of mind, knowing loved ones are protected and your legacy honored.
Our firm serves clients throughout Pierce County. Call us at (844) 224-5029 or contact us online today to schedule a consultation with our Tacoma wills attorney.
Frequently Asked Questions About Wills & Trusts
What Happens If I Die Without a Will?
When you die without a will in Washington state, intestacy laws determine how your assets are distributed, often to close relatives according to a set formula. This process is handled through probate, where the court oversees the identification of assets, payment of debts, and distribution to heirs. Without a will, you lose control over who inherits your estate or manages your affairs, potentially causing disputes or delays. Consulting a will attorney in Tacoma can help you avoid these issues and ensure your wishes are honored.
How Can a Will Prevent Family Disputes?
A well-crafted will provides clear documentation of your wishes, which can prevent misunderstandings and disputes among family members. By explicitly outlining who should receive specific assets, a will reduces the likelihood of conflicts over entitlements. Additionally, designating a trusted executor to manage the estate's distribution can further enhance clarity and fairness. This foresight helps maintain familial harmony, avoiding prolonged grievances or legal battles, which often arise when estates are not guided by the decedent’s expressed desires.
What Is a Living Will?
A living will is an essential component of comprehensive estate planning. It details your preferences for medical care should you become unable to express consent, providing vital instructions for healthcare providers and loved ones regarding procedures like life support and resuscitation. By outlining these wishes in advance, you relieve family members from making emotionally challenging decisions during critical times. A living will acts as a guide, ensuring your healthcare preferences are respected, aligning medical interventions with your values and beliefs, and offering peace of mind about your medical choices.
How Do I Start Creating a Trust?
Starting the process of creating a trust involves several key steps. First, decide on the type of trust that best fits your estate planning goals—whether it's a revocable, irrevocable, or special needs trust. Next, catalog your assets and determine which will be included in the trust. It's crucial to appoint a reliable trustee who will manage the trust effectively. Finally, draft the trust document with detailed instructions regarding the management and distribution of your assets. Consulting with an attorney can ensure these steps are completed accurately, reflecting your intentions.
Can I Include Digital Assets in My Will?
In today’s digital age, including digital assets in your will is increasingly important. Digital assets encompass a range of elements, from social media accounts and digital photos to cryptocurrencies and online business accounts. Identify which digital assets are important to you and ensure they are documented in your estate plan. Provide clear instructions for accessing these assets, including necessary passwords and encryption keys, so they can be managed effectively by your executor or designated beneficiary. This foresight prevents loss of valuable digital content and ensures your digital legacy is handled according to your wishes.
Contact Our Wills Attorney in Tacoma Now
At McCarthy Law Office, we understand that making a will can be an emotional and challenging process. Our Tacoma wills lawyer can provide you with the compassionate and personalized legal guidance you need. When you hire us, we will take the time to listen to your needs and goals, and help you create a will that meets all of them. We can also help you update an existing will as your circumstances change.
We pride ourselves on our ability to simplify complex processes, ensuring that you feel confident in your decisions every step of the way. Our approach is rooted in fostering trust and understanding, providing a steady hand as we navigate these important life decisions together. You can rely on our commitment to personalized care, reflecting the values you hold dear and delivering results that honor them. Whether you're just starting to think about estate planning or need support revisiting an existing plan, McCarthy Law Office, PLLC stands ready to assist with unwavering dedication. Speak with a qualified will lawyer in Tacoma now.
Secure your legacy with guidance from an experienced will and trusts attorney. Contact us online or call (844) 224-5029 to discuss your estate planning needs.
Client Testimonials
We Treat Our Clients Like People, Not Numbers
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“I had to find another lawyer to take on a probate case that had been already dragging on for about four years. Without a referral of any kind I tried calling in to a few offices, one of them being Conor’s.”- Brandon L.
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“Conor McCarthy recently drafted our estate planning documents. He also assisted my folks in updating their trust and related documents. Conor is friendly and easy to work with and his fees are very reasonable.”- Diane W.
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“We had a great experience with McCarthy Law. Conner was invaluable in guiding us through every step of the process and worked diligently researching or case. We would definitely recommend McCarthy Law.- Kevin C.
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“Nothing but excellent service from Conor and his staff at McCarthy Law. Very friendly, professional and knowledgeable in assisting myself in executing our families estate needs. Highly recommend!!- Michael P.
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“McCarthy Law helped update our will this fall. Very timely and nice group of people.”- Jan N.
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“Conor was great to work with! He listened to what I wanted and provided guidance without making me feel like I didn't know what I was doing. He communicated clearly, got things done right on schedule. I'll gladly work with him in the future if the need ari”- Julia E.
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“We needed to set up our wills and trusts as a blended family and he explained our options beautifully, walked us through the process, and made it simple and seamless. What could have been a stressful process, Conor made easy.”- Lisa V.
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From the first interaction to the final delivery, Conor was professional and courteous, took time to understand the legal issues, walked me through multiple scenarios and drafted the document I needed ahead of an aggressive timeline. He also took extra time to work with my legal plan to ensure it was a covered charge. I would gladly recommend him to friends and family.- Former Client