Probate & Your Attorney
If you choose to use a will as your primary instrument of asset transfer after your death your estate has to pass through the process of probate. The laws surrounding probate vary somewhat state to state, and this is why it is important to beware of those one-size-fits-all, do-it-yourself will creation templates that you see offered by the Internet marketers.
These generic fill-in-the-blanks skeletal outlines are not specific to any particular jurisdiction, so if you fill it out you’re basically keeping your fingers crossed and hoping for the best. When it comes to the well-being of your loved ones after you pass away this is probably not good enough.
When your estate goes through probate the validity of the will is determined by the court, so when you are preparing your will it is important to keep this in mind. Throughout your life when you’re in need of a contract that must be legally binding you engage the services of an attorney. Drawing up your will is the same sort of thing. Local Clinton probate attorneys understand Mississippi probate law and they know how the system works. It just doesn’t make a lot of sense to create a will without engaging the expertise of a legal professional.
In fact, if you do arrange for a consultation with an estate planning attorney before attempting to draw up a will on your own you may find that you don’t need a will at all. Probate can be time-consuming, and the costs that arise during the probate process can chip away at the inheritances that you have left to your loved ones.
There are ways to avoid the probate process and transfer assets to your family members in a more direct manner, and many people find this option to be much more appealing. The best way to decide which option is best for you is to get together with an experienced Mississippi probate lawyer and proceed with the benefit of professional advice.