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Considerations when helping a parent write a will

On Behalf of | Jan 7, 2021 | Concord Probate & Estate Administration Law Blog |

Writing a will is an important step for individuals regardless of their age, but older people especially need to consider how their family members will be taken care of after they pass. Residents of California may have parents who are considering their options with regards to a will and need to keep a few things in mind when assisting with this process.

Speaking with family

Having a talk with a family member about the importance of a will is a critical first step in this process. Although no one wants to think about their own demise, having a will is important for many kinds of people, including the elderly, those facing a life-threatening illness and others. Moreover, anyone with children or assets they wish to distribute to particular people upon their death should consider a will.

Understanding their wishes

After a relative commits to making a will, it is important to discuss their wishes. This includes who will get specific items of personal property and all of the other assets that may be distributed after death. Moreover, it is important to discuss who will receive property if a beneficiary passes before the person making the will.

Selecting a personal representative

It is also critical to discuss who will be the executor or personal representative of the estate. Such a person must be trusted to carry out the wishes of a testator and file all of the tax forms and other documents needed to oversee an estate. It often makes sense to discuss multiple alternate individuals in case someone refuses to become an executor or passes before the person making the will.

Seeking help

Once all of these considerations are discussed, family can help their relatives choose a lawyer. An experienced estate planning lawyer may help write an effective will to carry out a testator’s wishes after they pass.

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