Middlebury Wills Lawyer

Experienced Middlebury Wills Attorney

Middlebury is a charming suburban town in New Haven County with a rich history and an affluent local community. While many people may find it difficult to think about end-of-life planning, it’s an essential consideration and never too soon to start. A Middlebury wills lawyer is an ideal resource if you want to start developing a comprehensive estate plan that will benefit your family in the future.

Skilled Legal Counsel for Wills in Middlebury, CT

The Middlebury estate planning lawyers at Burns Thomas, LLC, can provide comprehensive legal guidance for your estate planning. A will is often considered the cornerstone of any estate plan. When you create a will, you are leaving instructions behind for your family to follow after your death. You can dictate how you want your property distributed to your beneficiaries and include various provisions that address your family’s unique dynamics.

When you choose Burns Thomas, LLC, to help you with estate planning, we can assist you in drafting a will that is as comprehensive and legally enforceable as possible. Do not make the mistake of assuming you can write your own will without legal advice, or that any of the software programs available that claim to help you do it yourself will be reliable.

Proper will creation can provide clarity and peace of mind to your family during your estate administration. We can help you draft a will that minimizes the chance for disputes, and we can also provide guidance for further customizing your estate plan to help your family avoid as much of the probate process as possible.

Creating Your Will in Middlebury

Recent surveys reported that only about 32% of Americans have estate plans as of 2024. Some people mistakenly believe they do not own enough property to necessitate a will. Others simply procrastinate or find thinking about end-of-life planning uncomfortable. Some do not understand the importance of having a will to help their family avoid probate.

When a person dies in Connecticut without a will or any type of estate plan in place, their estate becomes intestate and must go through the probate process. The probate court will review the contents of the deceased’s estate, assess their outstanding debts, and calculate the value of all remaining assets and property. The court then distributes the remaining estate contents according to Connecticut’s intestate succession laws.

These laws are quite strict and, unfortunately, can open the door for disputes to arise among surviving family members. The probate court will not take family dynamics into consideration, so some surviving members of the family may disagree with the court’s decisions for dividing the decedent’s assets.

It is also possible for disputes to arise even if the decedent had a will. A family member may challenge its validity, or they may claim that the decedent was not of sound mind when it was created and/or that another beneficiary coerced them. When you work with a Middlebury wills lawyer at Burns Thomas, LLC, we can help your family avoid as many of these potential disputes as possible and enable a smoother estate administration process.

Requirements for a Valid Will in Connecticut

If you intend to create a will in Connecticut, it is crucial to understand the state’s legal requirements, so your will can be lawfully enforced. If you attempt to simply write your own will, there is no way for anyone else to truly verify its authenticity, and it is unlikely for this type of will to provide the peace of mind and direction your family will need to navigate the probate process smoothly. Some of the factors you must consider include:

• Testator age: State law requires that the testator creating a will must be at least 18 years old.
• Capacity: The testator creating a will must be of sound mind, meaning they clearly understand what they are doing, what they are including in their will, and what the will can accomplish in probate proceedings after their death. They must also understand what property they own and to whom they are leaving their property.
• Witness requirements: In Connecticut, there must be at least two witnesses to sign the will in the physical presence of the testator. These witnesses should not be beneficiaries of the will, if possible, to prevent any possible conflicts of interest.
• Self-proving affidavit: If the testator and the two witnesses sign the will in the physical presence of a notary public, then the will is considered a “self-proving” will. The witnesses will not need to testify in the Naugatuck Probate Court after the testator’s death to confirm the will’s authenticity.

These requirements are fairly straightforward, and it is crucial to meet them when creating your will so it accomplishes its intended purpose. A “holographic” will is one that is handwritten and unwitnessed. Connecticut law does not acknowledge holographic wills unless such a will was validly executed in another state that does acknowledge them.

Writing out your holographic will should only be considered a preliminary measure that you can bring to an estate planning lawyer. Do not assume that a will you write yourself will have any type of legal enforceability after your death; this should only be an outline to bring to a Middlebury wills lawyer. They can review what you have included and transform it into a formal will that is legally enforceable and can accomplish its intended purpose.

As long as you are over the age of 18 and an attorney can see that you are of sound mind and clearly understand the elements and purpose of your will, they can explain the steps you need to take to create a legally enforceable will. This can include identifying potential witnesses who will not have any conflicts of interest and additional documents that you may wish to add to your estate plan, such as a living trust.

Understanding Different Types of Wills

If you plan to write a will in Middlebury, knowing the legal requirements to create one is just the first challenge you must address. You also need to know what type of will you should create, and there are several options that each suit different purposes. An experienced Middlebury wills attorney can explain these options as they would apply to your specific situation, so you can make an informed decision:

• A simple will is the most common type: These are optimally suited for individuals who have very straightforward assets.
• Pour-over wills often work in tandem with revocable living trusts: When you create your will, it only considers the assets you own at the time of the will’s creation. If you establish a revocable living trust, a pour-over will would allow you to leave any property you acquire in the future to your revocable living trust after your death. This is an effective safety net for any assets not initially listed in the trust.
• Testamentary Trust wills are effective for managing inheritance for minor children and adult dependents who have special needs: This type of trust is written into the will with clear instructions for distribution of assets over time to account for dependents’ needs, rather than paying out large lump sums.

If you are married, you may wonder whether you and your spouse can write your will together, and while this may seem like a good idea for some reasons, there are major disadvantages to joint or mutual wills.

Joint wills are signed by both spouses, while mutual wills are separate documents signed by each spouse, but include identical terms. Once one of the spouses dies, the other spouse inherits everything, and then after their death, inheritance would follow the terms set forth in the will. However, the surviving spouse would not be allowed to make any changes to the will, even if they experience significant changes in their life.

How an Experienced Middlebury Wills Lawyer Can Help

Estate planning may seem difficult, and it is very uncomfortable for some people to consider. However, this is a crucial step if you want to protect your family in the future. A properly configured will can eliminate uncertainty for your family, allow them to complete the probate process as swiftly as possible, and provide you with peace of mind for the remainder of your life.

The attorneys at Burns Thomas, LLC have an extensive record of providing comprehensive estate planning services to clients in Middlebury and the surrounding communities of Connecticut. We can not only help you verify that you meet the state’s requirements for creating a will, but also guide you through the entire creation process and address your individual needs and concerns. Some of the additional factors you must consider during this process include:

• Whether you have young children or an adult child with disabilities that will require care after your death.
• Whether any members of your family are likely to dispute elements of your estate.
• The overall complexity of your estate, including the types of assets you own, their value, and how they could evolve over time.
• Your age and whether you anticipate major changes in your life in the future.
• Candidates for personal representatives, trustees, or estate administrators. In many cases, spouses are the first choice for personal representatives, but your attorney may also help you nominate a second or even third choice. In the event your first choice for personal representative is unable or unwilling to handle your estate administration, your estate plan can dictate who can assume this responsibility.

Ultimately, creating a will is just one element of an estate plan. You may have more options than you expect for leaving property to your beneficiaries, and a robust estate plan could include a trust, an advanced care directive to tell your family what level of medical care you want to receive in an emergency, and a power of attorney that enables a trusted representative to make legally binding decisions on your behalf.

Reach out to Burns Thomas, LLC, as soon as possible to learn more about the benefits of creating your will with the help of an experienced Middlebury estate planning lawyer. We can assist you in creating a will that meets your goals and provides your family with the peace of mind they will need during a difficult time.

Whether the best option for you is a comprehensive will, the establishment of trusts or other estate planning solutions, we will find a solution that fits your needs.

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FAQs

Why Should I Hire a Wills Lawyer?

You should hire a wills lawyer so you can be certain that your will is legally enforceable and includes as much information as possible for your family. While you can draft the framework of what you want to include in your will, it is crucial to have an attorney verify it is both comprehensive and legally enforceable. A Middlebury wills lawyer can also review an existing will and help you update and revise it.

What Can I Include in My Estate Plan?

Your estate plan can include various elements that address your financial situation, your personal goals for leaving property to your family, and help your family avoid a difficult probate process. A comprehensive estate plan can include trusts and other forms of asset protection, your Last Will and Testament, an advanced care directive, and a designation for power of attorney.

What Happens if I Do Not Write a Will?

If you do not write a will, your estate will enter probate after your death. Your family will need to resolve outstanding debts with creditors, resolve any lawsuits against your estate, and the probate court will divide your remaining property according to Connecticut’s intestate succession laws. This can be costly, frustrating, and disempowering, so it is worth taking time to consult a Middlebury estate planning lawyer to help your family avoid probate if possible.

How Much Does It Cost to Hire a Middlebury Wills Lawyer?

The cost to hire a Middlebury wills lawyer will usually depend on how much time your attorney spends helping you write your will. Most estate planning attorneys charge hourly rates, but some attorneys offer flat rates for specific legal services. Your attorney should explain their billing policy in detail at the outset of your estate planning, so you know what to expect.

Contact a Middlebury Wills Lawyer Today

The team at Burns Thomas, LLC, has the experience and skills required to help you create a legally enforceable will that can provide your family peace of mind after your death. Do not assume you aren’t wealthy enough for estate planning or that it’s too soon to start. Contact us today to schedule a consultation with a Middlebury wills lawyer and learn how we can help.