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You Want Your Children to Inherit Your Property. How Can You Get it in Writing?

Sept. 14, 2022

If you want to pass on your property to your children, you don't want to leave them with complicated legal issues. Unfortunately, it's impossible to guarantee that your wishes will be carried out without estate planning. Many people believe that telling someone how they want their assets to be distributed is enough. However, when you leave your property to your children (or someone else), it's not sufficient to state that you expect this to happen. Writing up a document with a skilled lawyer is the only way to ensure your loved ones will inherit your property. 

How Can You Be Sure Your Children Will Inherit Your Property? 

Create a Will ASAP

Without a will, most intestate laws ensure that a parent’s property is divided between their children. However, there is no guarantee that they’ll be the first in line to inherit your property. In some cases, a spouse has precedence over children in the family. Inheritance laws also typically prevent children from inheriting land or property under the age of 18. With a proper will, you can ensure that they’ll receive their inheritance at a certain age. You can also be 100% sure that they will be taken care of financially after you are gone.

 

Know The Difference Between a Valid Will and Holographic Wills

A valid will is a legal document that describes how you want your property to be divided after you pass away. It will also specifically name the individuals who should inherit your property. With assistance from a lawyer, you will list your beneficiaries and designate an executor to carry out your will’s directions. You can create a will at any time as long as you’re over the age of 18. It is considered valid once as it is signed by a testator (the person creating the will) and witnessed by 2 individuals. Essentially, witnesses are present to confirm that the testator signed the will into law. Additionally, a will is valid until it is rescinded or replaced with a new document. 

Written wishes or statements, also known as holographic wills, are often made in haste. If you are in the middle of a life-or-death situation, writing a quick note may be your only option. Holographic wills are only valid in certain states and under certain conditions. They must be written and signed in the testator’s handwriting, and it must clearly state the individual’s intent and property distributions. Witnesses may be called to court to verify the person’s handwriting or state that they were present when it was written. It's important to consult your lawyer for more information about holographic wills, as state laws vary.

 

Choose a Respected Lawyer

At Atkinson Law, we understand how important it is for your children to inherit your property. You’ve worked hard throughout your life to provide for their future, and they shouldn’t have to go through a long probate process. In truth, only a skilled attorney can give you the peace of mind you deserve. Our experienced lawyers have worked with clients to draft all kinds of estate planning documents. With us, you can be sure that your assets will be passed down to the next generation without any complications.

Let Atkinson Law Take Care of You Like Family

When it comes to estate planning, we’re experts. At Atkinson Law, we also treat our clients like family. To learn more about creating a will and ensuring your children will inherit your property, contact us today by calling (410) 882-9595 or visiting our website.