Best Will & Testament Lawyers in Des Moines

About Will & Testament Law in Des Moines, United States

Wills and testaments are legal documents that allow individuals to express their wishes regarding the distribution of their property and assets after their death. In Des Moines, as part of the state of Iowa, the process is governed by state law. A will can help ensure that your property is distributed according to your wishes, reduce potential conflicts among heirs, and streamline the probate process. It's essential for individuals to create a will and keep it updated to reflect their current wishes and life circumstances.

Why You May Need a Lawyer

Seeking legal assistance in creating or updating a will is advisable due to the complexities of estate planning and legal requirements. Common situations where legal help may be needed include:

• Whether you have a complex estate that requires detailed planning to minimize taxes.
• If you have minor children and need to appoint a guardian and manage a trust for their benefit.
• Should you have specific requests that could lead to disputes among beneficiaries.
• In case you own property in other states or countries.
• If you're unsure of how to properly execute and store your will.

A lawyer can ensure that your will complies with all legal requirements and offers protection against potential legal challenges.

Local Laws Overview

Estate planning in Des Moines is subject to Iowa's state laws. Key aspects relevant to wills and testaments include:

• Any person of sound mind, aged 18 or older, can create a will in Iowa.
• The will must be in writing and signed by the testator or by another individual in the testator's conscious presence and at their direction.
• It's mandatory for the will to be witnessed by at least two individuals who must not be beneficiaries.
• Iowa law offers provisions for revoking or amending a will, typically by creating a new will or a codicil or by destroying the original document with the intent to revoke.
• The probate process in Iowa involves validating the will and ensuring the deceased's debts and taxes are paid before the distribution of assets.

Frequently Asked Questions

What happens if I die without a will in Des Moines?

If you die without a will in Des Moines, your estate is considered "intestate," and your assets will be distributed according to Iowa's intestacy laws, which prioritize spouses and children.

Can I write my own will, or do I need a lawyer?

While you can write your own will, it’s recommended to consult a lawyer to ensure all legal requirements are met and reduce the risk of disputes.

How do I make my will legally valid?

To make your will legally valid in Iowa, it must be in writing, signed by you or another person in your presence and at your direction, and witnessed by two people who are not beneficiaries.

Can I change my will after it’s made?

Yes, you can change your will at any time using a codicil or by creating a new will, as long as you are mentally competent.

Where should I store my will?

Store your will in a safe but accessible place. Inform your executor or trusted individual of its location. Safe deposit boxes may pose accessibility issues.

What is a living will, and is it the same as a traditional will?

A living will is a separate document that outlines your medical preferences if you become incapacitated. It’s different from a traditional will concerning estate distribution.

Do I need to update my will if I move to another state?

It's a good practice to review and potentially update your will when you move to another state to ensure it complies with the new state’s laws.

What role does an executor play in my will?

An executor administers your estate, ensuring that your debts are paid and your assets distributed as per your will's instructions.

How can I minimize estate taxes?

Strategies to minimize estate taxes include gifting, setting up trusts, and other estate planning tools. A lawyer or financial advisor can provide guidance.

Can someone contest my will?

Yes, beneficiaries can contest a will, often claiming lack of capacity or undue influence. A robust, legally-compliant will reduces the chance of successful challenges.

Additional Resources

For more information and assistance, you can contact the following resources:

• Iowa State Bar Association - Offers resources for finding qualified estate planning attorneys.
• Polk County Probate Court - Provides guidance on the probate process.
• Iowa Legal Aid - Offers free legal assistance for eligible individuals.
• American Bar Association - Provides resources on estate planning and living wills.

Next Steps

If you're ready to proceed with creating or updating a will, consider the following steps:

• Consult with an estate planning attorney in Des Moines to discuss your needs and goals.
• Gather documentation related to your assets, debts, and intended beneficiaries.
• Discuss potential guardianship if you have minor children.
• Ensure your will is legally valid and properly executed with the assistance of a legal professional.
• Review the will periodically and make updates as your life circumstances change.

Taking these steps can help ensure that your final wishes are honored and provide peace of mind for you and your loved ones.