5 Reasons Why You Need Help When Writing A Will

by R. Scott Carlyon on December 27, 2011

last will e1324310113626 5 Reasons Why You Need Help When Writing A WillThere are a number of no-cost and low-cost will creation options online, but none of them will guarantee that a will you create on your own will not have mistakes that could cost your heirs plenty.  A recent Forbes.com article outlined the five reasons why you should get professional help in creating your will:

1.  It’s inexpensive.  Considering what a mistake could cost your loved ones, attorney fees for drafting a will are a relatively small expense, depending on the complexity of your estate.

2.  No mistakes.  A will must be free of any errors to be valid.  Some of the most common errors include forgetting to sign the will, not letting anyone know where it is, forgetting to update your will and making additions to a will incorrectly.

3.  Eliminate confusion.  Wills that are worded in vague fashion often cause confusion.  Language must be highly specific and estate planning attorneys use standard language that will be understood by courts, executors and beneficiaries.

4.  Cover the contingencies.  Since you probably don’t think like a lawyer, you are not likely to envision all the contingencies that must be covered in a will.  For example, what happens if you outlive a beneficiary in your will?  Or if an asset you are willing to someone is later sold before you die?

5.  Validity.  Handwritten wills may be considered invalid if they do not follow the proper guidelines.  Different states have different rules on how many and who may witness a will, as well as other variations that must be taken into account.

The Law Office of R. Scott Carlyon & Associates serves clients primarily in the areas of Real Estate Law, Estate Planning, Wealth Preservation, Probate, Businesses Law, and Litigation related to these areas of law; practicing in the state and federal courts of Bexar County, Texas, and also in the cities and counties immediately surrounding San Antonio and Bexar County.

If you need help with business planning or estate planning issues, please contact our San Antonio estate planning law firm.

{ 0 comments }

Pass Along Your Gun Collection Safely With a Texas Gun Trust

by R. Scott Carlyon on December 26, 2011

gun2 e1324310014583 Pass Along Your Gun Collection Safely With a Texas Gun TrustIf you own a gun collection that you wish to pass along to heirs, you need to realize that federal and state gun laws may make this more problematic than you may think.  One solution is the creation of a revocable living trust known as the NFA Gun Trust.

A Gun Trust deals only with firearms, and is usually used to pass along firearms that are restricted under the National Firearms Act, including short-barreled shotguns, short-barreled rifles, machine guns, silencers and those classified as “assault weapons.”

A Gun Trust is created in order to expedite the transfer of a NFA firearm, and to enable gun owners to provide detailed instructions on the disposition of their collection.  While many gun dealers can provide you with a trust form, these are general documents and usually do not provide any guidance for the trustee, who could run afoul of the law by illegally transferring or selling a NFA firearm, which can result in severe financial penalties and even a prison sentence.

The Law Office of R. Scott Carlyon & Associates serves clients primarily in the areas of Real Estate Law, Estate Planning, Wealth Preservation, Probate, Businesses Law, and Litigation related to these areas of law; practicing in the state and federal courts of Bexar County, Texas, and also in the cities and counties immediately surrounding San Antonio and Bexar County.

If you need help with business planning or estate planning issues, please contact our San Antonio estate planning law firm.

 

 

{ 0 comments }

Planning for the Disposition of Digital Assets

December 23, 2011

Digital assets – which include online accounts, files on your computer or any files stored in the “cloud” that you own – and how they are handled following the death of their owner is a rapidly developing area of estate planning law. Earlier this month, a news story out of Virginia told the tale of [...]

Read the full article →

Estate Planning Tips for Valuable Collections

December 22, 2011

If you have a valuable collection of art, antiques or other collectibles, you should be planning as carefully for the distribution of that collection as you would for your other assets.  A Wealth Management Exchange article provides the following guidelines for effective collection succession planning: Keep the inventory of your collection up to date and [...]

Read the full article →

Gifts from 12 Days of Christmas Cost $100K+ This Year

December 21, 2011

For almost 30 years, PNC Wealth Management has been calculating the cost for all the gifts outlined in the song, “The 12 Days of Christmas”.  In 2011, the $100,000 barrier has been broken for the first time, with the entire list adding up to $101,119.84.  Here’s the breakdown: 1. Partridge in a pear tree: $185 [...]

Read the full article →

How to Identify a Successor for a Family-Owned Business

December 20, 2011

A recent Forbes.com column provided some good advice on how to properly identify a successor for a family-owned business: Begin planning early to ensure management continuity and maintain the value already built up in the business. Identify one or more individuals who have a passion for the business, and don’t base the decision solely on [...]

Read the full article →

Bill Seeks to Amend Estate Tax Code to Benefit Farms and Ranches

December 19, 2011

A bipartisan bill to amend the estate tax code in order to keep American farms and ranches intact has been introduced in Congress by U.S. Senator Mark Udall (D-Colorado). Currently, 40 percent of the value of land used for conservation purposes can be exempt from estate taxes, with a cap of $500,000.  The proposed American [...]

Read the full article →

Texas Appeals Court Says Discovery Rule Does Not Apply to Will Contests

December 16, 2011

A Texas Appeals Court has ruled that the discovery rule does not apply to will contests except when fraud or forgery is found, and only if the action is brought within two years of discovering the fraud or forgery. In Evans v. Allen, William Vinson created a self-proving will in March of 2006 that left [...]

Read the full article →

Parents & Their Pets: What to Do As Both Age

December 15, 2011

Does your aging parent have a pet?  Since Americans own close to 170 million dogs and cats, chances are pretty good that they do.  And if you are in charge of caring for an elderly parent, chances are also pretty good you are helping with the pet as well. Here are some tips on helping [...]

Read the full article →

Why Women Save Less Than Men for Retirement

December 14, 2011

According to a study by LIMRA, a research and consulting firm serving insurance and financial services companies, women save 40 percent less than men for retirement – despite the fact that women live longer and need more retirement savings. The study, Gender Matters: Retirement Savings of Working Men and Women, was the result of interviews [...]

Read the full article →