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Last Will and Testament

Why You Need a Last Will and Testament

A last will and testament is a legal document that assigns beneficiaries to your estate, as well as laying out your final wishes regarding how your assets will be distributed. If you are worried about what may happen to your loved ones after you are gone, you are going to want a San Jose probate and estate planning attorney from the Law Offices of Timothy D. Henry to professionally guide you through the estate planning process. For many years, our firm has been helping people in the San Jose area with simple and advanced estate planning strategies.

We understand how important it is for you to know your loved ones will be cared for upon your death, and that they can gain access to the assets and property as you direct. When you come to our firm, we will work with you closely to determine your ultimate objectives and then help you to draft your last will and testament accordingly. We will also help you with all of the other components of an estate plan so that you have an all-encompassing strategy to protect your estate and your beneficiaries from excessive taxation or other problems.

If you were to die intestate, without a last will and testament, your existing property and assets may be tied up in probate for a long period of time. Your heirs and the beneficiaries you may have wanted to receive your assets, could suffer unnecessarily, or could even disagree about what you would have wanted. The state will make the decisions for you, and essentially becomes your "estate planner."

If you fail to assign guardianship for your children and suddenly become incapacitated or die, the court will have no other choice but to make the difficult decision as to what family member should be granted custody. With a last will and testament, there will be clear instructions as to how you want your assets to be divided, which beneficiaries you want to receive what property, who you want to become the legal guardians of your children and more.

If you want to protect your loved ones, and you already have a good idea about how you want your assets and property divided in the event of your death, why leave risk everything by neglecting to prepare a last will and testament? Our firm is here to help give you the peace of mind that only comes from having your affairs in order.

San Jose Probate & Estate Planning Attorney

Our state has very specific rules and regulations which must be following when preparing legal documents such as a last will and testament. Wills can be challenged if it is believed that there was fraud, or that there was undue influence brought to bear upon an elderly person who did not have the capacity to make significant changes to a will. The care with which the document is prepared is an essential part of the process, and ensuring that there is less chance of success should your will be challenged later.

Our firm has prepared countless wills, revocable living trusts and other estate planning documents. We are well-versed on the laws related to estate planning and we work hard to see that our clients are protected. If you are considering preparing a will or any other estate planning document, contact a San Jose estate planning lawyer at our firm today.