Boise Will-Based Estate Planning Lawyer

Will-Based Estate Planning Attorney in Boise, ID

No one wants to think about the end of their life. Nevertheless, to protect the legacy you have built and provide for your loved ones after your passing, establishing a will is vital. Whether you are raising a family in Southeast Boise or enjoying your retirement in the area around Harris Ranch, creating a will is crucial to your estate plan. No matter your age or wealth status, a Boise will-based estate planning lawyer can legally secure your wishes.

Defining a Will in Boise Estate Planning

With an ever-growing senior population, many people in Boise can benefit from having wills and will-based estate plans. Currently, individuals over 65 account for 15.3% of the city’s overall population. However, according to one study, only 46% of Americans have a will in place.

A will is a legal document that allows you to express your desires regarding the distribution of your assets upon your death. It also enables you to name an individual, known as your executor or personal representative, to handle your estate as it passes through the probate process. It is wise for any individual over 18 to create a will. However, it is especially critical for individuals who have minor children, as your will can designate guardians for these children in case you die.

When naming your executor, it is important to choose an individual whom you trust. They should also have the capabilities to perform the necessary duties of their role. These can include:

• Gathering all your estate’s assets
• Assigning a value to these assets
• Paying all bills or taxes still owed by your estate
• Handling any litigation that may arise as your estate passes through probate

The Idaho legislature has outlined several requirements that need to be followed when creating a will, including:

• The will must be in writing. All oral or video wills are considered invalid.
• The person who creates the will must sign it or direct someone else to do so in their presence.
• Two witnesses must sign the will after they have watched the person who created the will sign it and all signatures are notarized.
• Handwritten wills, also known as holographic wills, are legal, but are often invalid if not done properly

What Is Probate?

Most people know that a Last Will and Testament lets you specify who you want to receive your property after you die and who will be in charge. When a person with a Will dies, the Will must be filed with a local Court and a Judge will appoint someone to “probate” that Will.

Probate is the court-supervised process of approving your Will, removing your name from titled assets, paying bills, and passing on your remaining assets to the persons named in your Will. Because probate is in the local court system, there are court costs and attorneys’ fees to be paid. In Idaho, for a single person, it often takes a year to complete a probate and may be longer. Probate is a public process allowing anyone to read your Will and learn about your estate. The probate process, not your family, determines how much it will cost and how long it will take.

You And Your Will If You Become Disabled

A Will goes into effect only at your death. If you become unable to handle your financial affairs (pay bills, make investment decisions, etc.) due to mental or physical incapacity (Alzheimer’s Disease, stroke, heart attack, or injury), your spouse and other family members cannot automatically step in and sign papers on your behalf. If you have no other plan in place, you get the State’s plan, which may result in a stranger being the court-appointed “conservator” to handle your finances. This ongoing court process can be expensive, embarrassing, time-consuming, and if you recover, you need a court order to be back in charge of your own affairs. Your conservator may not be able to protect assets should you need care in a nursing home.

A Will does not control all of your assets. Life insurance and retirement accounts with beneficiary designations are not automatically controlled by your Will. When you die, these assets go to the person you have named as Beneficiary. This can cause one person to receive more or less than you intended, and can even cause you to unintentionally disinherit someone.

Estate Planning Services From Senior Edge Legal

When you work with Senior Edge Legal to create your estate plan, our team can guide you through every step. We have helped countless Boise-based families make sure their will-based estate plan is comprehensive, work to secure their legacy, and protect their wishes, even after they are gone. Our will-based estate planning services include:

• Drafting the will document itself
• Creating any ancillary documents
• Making sure guardians are named for any minor children
• Assisting your loved ones through probate following your death

Your will-based estate plan is important to us. With our team at your side, you can feel secure that your intentions will be fulfilled, your loved ones will be taken care of, and your legacy can continue, even after your passing.

Speak With a Will-Based Estate Planning Attorney in Boise Today

All this being said, it is possible a Will is the right estate planning tool for you. How do you know using a Will based estate plan is right for you? Call and make an appointment with Susan M. Graham, a Certified Elder Law attorney by the National Elder Law Foundation who can look at your overall estate picture to decide what makes the most sense in your case.