Creating a Will

March 1, 2022

Bailey Legal Services, PLLC, Offers Quality Help for Creating a Will

For superb legal help in West Virginia for creating a will, count on Bailey Legal Services, PLLC, in Barboursville. We know how challenging it can be when someone passes away. The emotional distress and the bills left behind can take a toll. It’s important that your family knows what you want to happen after your death. This further emphasizes the importance of creating a will.

Why Should I Create a Will for My Loved Ones?

A will or “last will and testament” allows you to direct your loved ones on how you want your assets split. This ensures your last wishes are carried out by your loved ones after you’re gone. This will establish who gets your property and other wishes including, but not limited to:

Naming the Guardian for Your Children
Establishing Who Will Manage the Property Your Children Inherit.
Determine the Executor of the Estate to Ensure Your Wishes Are Honored

Before the terms of the will are accepted, the will must be proven in probate court. It is responsible for the distribution of assets of the estate under West Virginia law. Once proven, the executor can begin the process of taking care of final expenses and distributing assets. We recommend having a will, but it’s not required under West Virginia law.

What Would Happen if You Don’t Establish a Will?

West Virginia has laws of intestacy governing asset distribution. This will come into play when you don’t establish a will before passing away. The results may not be what the deceased wanted. If you pass away before establishing a will, under West Virginia Intestacy Laws, your surviving spouse will inherit your estate. There are exceptions available under the law. If the deceased had children from a past relationship, the spouse will get three-fifths of the estate. The rest will go to the deceased’s children.

What are the Requirements for a Will Under West Virginia Law?

There are a few requirements that you should know when it comes to establishing a will. Keep these factors in mind:

You Must Be At Least 18 Years Old
The Testator Should Be of Sound Mind
You Should Be Able to Sign the Will or Have Someone Who Can Sign on Your Behalf
Your Will Should Be Signed by Two Witnesses Who Shouldn’t Benefit from It
The Will Needs to Be in Writing
Who You Will Leave Property to

For more information on creating a will, visit LegalZoom.

For more help with creating a will, give Bailey Legal Services, PLLC, a call at (304) 736-0801. Follow us on Facebook for updates. We are happy to help you with creating a will.