Millsboro, DE Wills Lawyer

Choose Trusted Delaware Estate Planning Attorneys

Everyone has different wishes for how their assets should be distributed after they die. A will is a legal document that provides instructions for the distribution of property and other assets after a person has passed away. However, wills can be contested, and sometimes people need to have their last will and testament revised. A will can be revised through a will codicil, or through a new will drafted by a skilled attorney.

At DiPietro Law, we provide knowledgeable legal assistance in drafting new wills and revising existing wills. Our attorneys have the experience and knowledge to draft wills that meet your needs and protect your loved ones. We offer comprehensive services supporting wills and can help you with every step of the process.

Call us at (302) 240-9969 or complete our form to speak with a knowledgeable wills attorney in Millsboro at DiPietro Law.

Key Components of a Will in Delaware

A will in Delaware can include instructions for asset distribution, appointment of an executor, guardianship for minors, funeral and burial wishes, debt and tax settlement plans, charitable bequests, specific gifts, a residuary clause, contingency plans, and provisions for pet care. Consulting an attorney is advisable to ensure your will aligns with your specific wishes and complies with legal requirements in Delaware.

Understanding Will Validity in Delaware

In Delaware, a valid will must meet several criteria. Firstly, the person creating the will (the testator) must be at least 18 years old and of sound mind. Secondly, the will must be in writing and signed by the testator, or someone at their direction, in their presence. This signing should occur in front of at least two competent witnesses, who must also sign the will.

It's important that the witnesses are disinterested parties, meaning they are not beneficiaries of the will. Additionally, the will should clearly express the testator's intent for asset distribution and other wishes. While notarization is not required, it can add an extra layer of authenticity.

If the will doesn't meet these criteria, it may be deemed invalid, potentially leading to intestate succession laws determining asset distribution. To ensure your will is legally valid in Delaware, it's advisable to consult with an experienced estate planning attorney.

Common Questions About Wills and Estate Planning

Can I Write My Own Will?

Yes, you can write your own will, but doing so without legal guidance can lead to complications. While DIY will kits and online templates are available, they often lack the customization and legal precision required to ensure your wishes are fully honored.

In Delaware, specific legal requirements must be met for a will to be valid, including proper witnessing and clear expression of intent. A wills attorney can help you draft a will that not only meets these legal standards but also addresses your unique circumstances, reducing the risk of disputes or invalidation later on.

What Happens If I Die Without a Will?

If you pass away without a will, you are considered to have died "intestate." In Delaware, intestate succession laws will determine how your assets are distributed. Typically, this means your property will go to your closest relatives, such as your spouse, children, or parents, according to a predefined order. However, this process may not align with your personal wishes, especially if you have specific beneficiaries in mind, such as friends, charities, or non-traditional family members.

Additionally, without a will, the court will appoint a guardian for any minor children, and the person chosen may not be someone you would have selected. To avoid these potential issues and ensure your estate is handled according to your preferences, it's important to have a legally sound will in place.

How Much Does It Cost to Create a Will with an Attorney?

The cost of creating a will with an attorney can vary based on the complexity of your estate and the services required. Basic wills are generally less expensive, while more comprehensive estate planning, including trusts, guardianship provisions, and detailed asset management, may incur higher fees.

However, investing in professional legal assistance can save your beneficiaries time, stress, and money in the long run by ensuring that your will is clear, valid, and unlikely to be contested. At DiPietro Law, we offer transparent pricing and will work with you to find an estate planning solution that fits your needs and budget.

Contact us today to discuss your unique situation and take the first step toward securing your financial future. Dial (302) 240-9969 to make an appointment.