Lewisburg Wills Lawyer

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Trusted Wills Attorney in Lewisburg, WV

Creating a will can be an emotional and difficult challenge for many individuals across West Virginia. Whether you have a young family and live near Hollowell Park or you are living out your golden years along Church Street, there are a number of variables involved with creating a comprehensive will. No matter your age, health, or wealth, establishing a trust and will and hiring a trusted Lewisburg wills lawyer to assist you is essential to your future.

Best Lewisburg Wills Lawyer

Wooton, Davis, Hussell & Johnson, PLLC: Protecting Your Legacy

With decades of legal experience, the team at Wooton, Davis, Hussell & Johnson, PLLC, is widely known throughout West Virginia for delivering proven results and having a passion for serving clients from all walks of life.

Our Lewisburg Estate Planning lawyers pride ourselves on our personable, tailored legal counsel and have been honored with a number of awards, including inclusion in Super Lawyers of America and having an AV rating from Martindale-Hubbell. Allow us to serve you today. Keep in mind that awards and recognition are not guarantees of future results. Selection criteria vary by organization.

Key Parts of a Comprehensive Will in Lewisburg

In 2024, only around 32% of adults reported having a will, yet 62% of millennials do not have a will themselves, and more than a third do not know whether their parents have any kind of estate plan. In fact, according to a recent study, 42% of respondents said they would not know what to do in the event of a family member passing away. These are rather staggering numbers when you take a step back and further show the need for the creation of comprehensive wills.

In West Virginia, a will is a legal document that lays out exactly how you want your assets to be distributed after your death. In order to be considered valid and legally binding, a will must be in writing and signed by the testator or the individual creating the will. Additionally, it must be witnessed by at least two individuals deemed competent enough to act as witnesses.

When the time comes to craft a will, there are a number of elements that all individuals should consider, including:

  • Designation of beneficiaries. It is essential that you clearly name every individual who inherits your assets following your death. This is the cornerstone of your will. These named individuals might include family members, friends, or even certain charitable organizations or nonprofits.
  • Appointment of executor. One of the most important aspects of creating a will is appointing who you want to be your estate’s executor. Choosing a trusted person who can manage your estate and carry out your will’s instructions following your death is essential. This person needs to be someone who has the capability of handling various tasks like paying debts, distributing assets, and filing tax returns.
  • Guardianship provisions. If you have any dependents, such as minor children or a disabled adult child, your will can outline your wishes regarding guardianship arrangements.
  • Digital assets. As the world continues to increase available technologies, you need to take into account any digital assets you may hold. This can include cryptocurrencies, online accounts, and other digital assets currently in your name.

West Virginia Will Execution Process

Once you have drafted your will in Lewisburg, it is essential to understand the process for proper execution. This can secure the validity of your will and allow your loved ones to gain a deeper understanding of your wishes and how they should be handled following your death. These steps include:

  • Signing. In order to be considered legal, the will must be signed by you, the testator, or by someone in your presence and at your direction if you do not have the ability to sign the will yourself.
  • Witnessing. At least two witnesses must be present when you sign the will, and then take turns signing it themselves.
  • Self-proving affidavit. While this is not legally required, having this document can help simplify the later probate process by eliminating any need for witnesses to testify in court following your death.
  • Storage. Keep your original will in a secure place and inform your executor of its location.
  • Communication. It is important that you speak to your family and loved ones regarding your will and its contents to help prevent surprises or conflicts that may arise later.

FAQs

When Should a Will Be Updated in WV?

In West Virginia, life doesn’t stand still. It changes, and these changes should be reflected in your will. There are several different life events that can occur that can necessitate an update to your will. Such life events can include a marriage, divorce, or the death of a spouse, birth or the adoption of a new family member, substantial changes in your overall financial situation, and changes in any of your relationships or priorities.

What Are the Benefits of Having a Will?

Having a will in place can provide you and your loved ones with a number of benefits. A will allows your heirs and beneficiaries a sense of clarity as to who gets what assets, how much they get, and when they can receive them. A will also allows you to protect your assets and name a trusted individual who can act as your estate’s executor.

What Kind of Lawyer Do I Need to Create a Will?

In order to create a will, it is important to hire a Lewisburg estate planning lawyer. While you are not legally required to hire an attorney, having one on your side can help make certain your will is legal and admissible in court. Any errors in the will itself could be called into question during the probate process, but a Lewisburg wills attorney can help you work on a will to avoid such errors.

Can I Write My Will By Hand?

Yes, in West Virginia, wills written by hand, also referred to as holographic wills, are considered legally valid. However, in order to be considered valid without any witnesses present, the entire will must be written in your handwriting and signed by you. This offers a certain level of convenience in emergency situations.

Hire a Wills Lawyer Serving Lewisburg Today

When the time comes to hire a wills lawyer in Lewisburg, the team at Wooton, Davis, Hussell & Johnson, PLLC, is here for you. Contact us today to schedule your initial consultation.

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