Probate Lawyer

  • Simple Will

A simple Will provides that all assets go to the surviving spouse at the death of the first spouse. At the death of the second spouse, all assets go equally to the surviving children and/or their issue. It allows for the appointment of guardians for the minor children and the appointment of an executor and alternate executor. It does not avoid probate nor does it address taxes. It is a device, however, commonly used for smaller estates and especially those with minor children.

When utilizing a simple Will, people should be careful of the differing situations if the spouses have children from previous marriages.

Wills may always be revoked and changed over the years.

  • Wills with Trust Provisions

A more complex Will that provides various distribution schemes including tax shelters which may become more complex to administer but are often necessary.

  • Pour-Over Will

These wills are used to “pour” estates into a trust which is established in a separate document. They are generally used in combination with a Revocable Living Trust. They provide a safety-net which states that if an asset is unintentionally left outside of a trust, the pour-over will passes the asset into the trust.