It is difficult to think about death and dying, but preparing a family or loved one for the future can put your mind at ease, and assist your loved ones with your expectations in the future. Additionally, a will or trust provides security to your family members and in most cases, explicitly outlines what will happen with assets, property, and inheritance. But what is the difference between the two legal documents?
The following article will discuss the legality of wills and trusts in divorce, explore the benefits and drawbacks of each, and discuss what couples should include in these legal instruments. Furthermore, we will highlight the advantages of hiring a family law attorney to guide families through the process.
A will is a legal document that outlines a person’s wishes regarding the distribution of their assets and the guardianship of their children. It is relatively easy and cost-effective to create, making it more favorable for individuals with straightforward estates and simpler family dynamics. However, wills are subject to probate, a court-supervised process that can be time-consuming and potentially costly.
A family trust provides more comprehensive estate planning benefits. It allows transferring assets to a trust during a person’s lifetime, avoiding probate and providing privacy. Trusts are particularly beneficial for couples with children, as they allow for the establishment of detailed instructions regarding the care and financial support of minor children. Additionally, trusts provide flexibility in managing assets and can protect against challenges to the estate plan.
When drafting a will or trust, couples should consider several important aspects. In both cases, it is crucial to identify beneficiaries, designate guardians for minor children, and provide instructions for the distribution of assets. Additionally, couples may want to include provisions for spousal support, healthcare directives, and powers of attorney to address various potential contingencies.
When it comes to divorce, the issue of altering or changing a will or trust can be a cause for concern. Legally, one partner cannot unilaterally modify or change the provisions of a will or trust without the other’s consent. Shared decisions must be made, and any modifications should be handled through a formal legal process, ensuring both parties have a say in the disposition of assets and property, safeguarding the interests of all involved.
Navigating the complexities of wills and trusts during divorce or otherwise can be overwhelming, which is why the expertise of a family law attorney is invaluable. Hiring an attorney specializing in family law ensures that the legal documents are correctly drafted, in compliance with state laws, and accurately reflect the couple’s intentions. Attorneys can guide the laws and regulations applicable to wills and trusts during divorce, helping couples navigate the process smoothly and protect their rights and interests.
The decision between a will and a trust depends on the unique circumstances and goals of the couple. While wills are simpler to create and may be more suitable for straightforward estates, trusts offer greater flexibility, privacy, and advantages for couples with complex assets or children. Consulting with a family law attorney is highly recommended to ensure that wills and trusts are tailored to individual needs and to receive expert guidance throughout the divorce process.
With the support of legal representation at Andrea Heckman Law, couples can navigate the intricacies of wills and trusts and secure a sound future for themselves and their loved ones. Contact us today.
Walked in just for consultation, and in less than 45 days, my case was closed! Thanks to attorney Andrea Heckman, with all her passion and professional manner! Couldn’t be happier! Thank you so much for everything! Great attorney for all family needs! Thank you.
From the moment I walked in as a client to the end when everything was complete, I was very pleased with attorney Andrea Heckman, her knowledge, and professionalism! Her whole staff was always helpful. I would use them again if needed and refer them to everyone I know! Thank you.
Andrea Heckman has been my attorney helping/guiding/advocating for my children and I regarding my custody situation. We are in the process of working towards a more equal parenting schedule, and I have faith in her efforts and expertise to accomplish this.
I have used this office since 2018 and have nothing but excellent things to say. Andrea Heckman handled my divorce with no faults. Andrea is currently handling my child custody case and has been on top of everything! Andrea Heckman is an unstoppable force, and I would recommend her to anyone!
I could not ask for a better attorney to represent me during my case which is Andrea Heckman. Anytime I had any questions, I got a response in a timely manner. Andrea walked me through a very difficult time which was a divorce/child custody case. Andrea is very knowledgeable and motivating. The staff has been nothing but welcoming and professional. If I have to go to court for anything, I will definitely be giving this firm a call again.
Heckman Law is handling my divorce/custody. Andrea is very professional, knowledgeable, and responsive. She will take the time to answer and explain any questions you may have. She usually responds within a few hours. Honest about possible outcomes, whether it’s good or bad news. My ex doesn’t want to negotiate or cooperate with anything. Andrea is willing to fight in the courtroom for you. The case is ongoing.
I was represented by Andrea Heckman, and if it wasn’t for her, I would have been so lost. She guided me through my difficult situation. Some lawyers are about money. I knew that Andrea cared about me and my situation.
Ms. Heckman is a great lawyer. She helped me get time with my daughter when my ex was being nasty and refusing to let me see my baby. I thank her for all her hard work.
Ms. Heckman managed our parents’ will and advanced care planning documents expeditiously, skillfully, and with compassion during a stressful situation. We referred her to a family member for divorce with child custody issues, and she was pleased enough to refer her to 2 others for divorce services. A true professional.
Please contact our law office in Rolling Meadows for legal assistance with divorce, child custody, or visitation issues. We serve clients in the Chicago metropolitan area who need the help of an experienced and dedicated family law attorney.