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As incredible as it may sound, more than 50 percent of Americans die without a valid will. This important legal document is used to distribute all of your possessions, including real property, personal property, money, and other assets. Without this essential guide, the courts must determine how you would have wanted your estate apportioned. Of course, they must do this by the letter of the law, which means close friends and confidants may receive nothing. How It Works When an individual dies intestate (without a will), it is the job of the probate court to distribute assets according to state law. This means direct relations will receive specific portions. If, for example, there is a surviving spouse, he or she will receive the lion's share of the estate -- whether they had children or not. In fact, if the surviving spouse was legally married but had no children, they will receive the entire estate. Family Problems People in highly emotional states are far more likely to say and do things they may come to regret. Planning a funeral and grieving is, after all, a trying enough experience without having to worry about the ultimate distribution of assets. It is not at all uncommon for close friends and family members to argue over possessions they claim were promised to them. Though the departed may not have considered it, there is nothing that breeds family turmoil and strife like fighting over property after the passing of a loved one. It can and has destroyed many a clan. The one and only way to avoid it is to make your final wishes known before you shuffle off this mortal coil. Do The Right Thing Nobody ever said coming to terms with your own mortality was easy, especially when you put it in writing. It is an awkward and uncomfortable process most folks put off as long as they can. The good news is that it is relatively quick and surprisingly simple. A good tax attorney can draw up these documents in short order. Caveat Emptor While it is true that a person is permitted to write his last will and testament, these documents are often incomplete and may be judged "invalid." It is also important to note that these documents must adhere to state law. If they do not, they will be deemed invalid. The only way to ensure that your last will and testament has legal force is to hire a reputable tax attorney. How Long Does It Take? After an initial meeting, your attorney will begin drawing up your last will and testament. Although most lawyers have drafted hundreds of these documents, they appreciate their significance and generally will not rush the job. Most like to take at least a week or two to make certain that everything is in perfect order. Only then will they make copies for their clients. Typically, one copy goes to the client and a second is delivered to his executor. A third and final copy is kept on file at the law firm. Avoid confusion, complications, and family strife by having a tax attorney prepare your last will and testament. To learn more about their options for a tax attorney, Harrisburg, PA residents should visit http://ssbc-law.com/team-members/steven-j-schiffman/
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