Working on Will and Trust Issues in Delaware?

Hire an Experienced Delaware Probate Attorney

Protecting Loved Ones

A person writes a will, because he wants to protect loved ones after his death. A will assigns an executor. This person makes sure the will goes through probate properly and that the possessions of the decedent are properly disbursed according to the decedent’s wishes. Sometimes, however, this process is not quite that simple. A Delaware probate attorney can help the executor throughout the probate process, relieving a lot of stress from the executor.

What Are the Two Vehicles for Protecting Assets?

• Wills – A will dictates whom the executor will be and where the property is to be disbursed. It may also outline other wishes of the decedent, including naming a guardian for minor children should both parents become deceased at the same time.
• Trusts – A trust creates a separate legal entity. This entity protects the decedent’s property and assets from taxes, public scrutiny and even probate. A trust can be created and established while a person is living, or a trust can be established via the will.

There are different types of trusts. A Delaware probate lawyer at the Law Office of Vivian Houghton will advise a person of his or her rights and can help choose the best type of trust to protect his or her property.

Benefits of a Will

Even if a person does not have a large estate, he or she should have a will. If there is no will, all of the decedent’s property will be disbursed according to state law. If a person wants his or her property to go to a specific cause because there are no children, this would have to be spelled out in a will, else the assets that are left after paying debts will go to the next person in line according to state law.

Does My Estate Go Through Probate Even if I Have a Will?

The decedent’s estate must still go through probate, even if he or she has a will. Probate can take up to a year to complete. If the will is contested, it may take longer. Depending on the contents of the will and how many creditors are involved, the probate process may only take a few months. The Law Office of Vivian Houghton is experienced in drafting wills and trusts and going through the entire probate process, whether the decedent dies testate or intestate. We can make sure that the decedent’s assets are properly distributed after the probate process.