Top Wilmington, DE Wills Lawyers Near You

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What Is a Will?

A will can help ensure your loved ones are provided for after you pass away. A will is a document that provides for how you want to distribute your assets after death. Without a will, the government will have to handle your estate administration according to Delaware law, which may not be the same as how you would provide for those around you. If you have questions about making a will, an experienced Wilmington estate planning lawyer can give you legal advice and help you provide for your family.

What Do I Need for a Will?

The specific requirements for a will depend on the state. In most states, the requirements for a will include:

• Be of legal age and sound mind
• Make a will in writing
• Signed by qualified witnesses

The age requirement for most states is 18, but older or younger in a few states. A will has to be made in writing in most states, but some states will also accept oral wills in limited circumstances. Some states also accept a will that is not witnessed if it is in the testator’s handwriting. It is important to make sure the will is valid or it may not be enforceable. Talk to a Delaware wills attorney to make sure your will is valid and enforceable to provide for your loved ones.

What Happens If I Die Without a Will?

If you die without a will, you are considered to be dying “intestate.” Intestate means that there is no will or estate planning tool to determine how to distribute your assets in death. The probate court will take account of your property and debts and distribute your remaining assets under Delaware intestacy laws. Intestacy will distribute the assets to family relations based on the relationship to the deceased, starting with the spouse and children. If there are no relatives, the property will go to the state.

What Is a Living Will?

A living will is different from a last will and testament. A living will is also known as an advance healthcare directive or medical directive. An advance directive can provide for medical decisions in the event that you are no longer able to communicate your wishes because of incapacity or illness. A living will can let doctors know what kind of care you want or don’t want if you have a terminal illness or are incapacitated. An elder law or estate planning attorney can give you more information about living wills.

Are There Alternatives to a Will in Delaware?

There are alternatives to a will that can provide for distributing your property after death. The most common will alternative is a trust. A living trust is another type of estate planning document where the trustee holds the property and assets for the benefit of the beneficiaries. A trust can allow you to still maintain the use and control of your property while you are living and avoid probate after death.

When Should I Make a Will?

Many people put off making a will because they don’t think they need one. A will can be an important tool for any adult to make sure their wishes are carried out after they pass away. In most states, anyone 18 or older can make a will. Making a will is important if you have children, family, or loved ones you want to provide for in the event of death. Without a will, your assets will be distributed to family members based on Delaware intestacy laws.

How Much Does an Attorney Charge for a Will?

An average will can cost from $500 to $2,000 or more. For most people, an attorney can prepare a basic will for a flat fee. Other lawyers may charge an hourly rate for legal services. The cost for a will depends on the type of estate, the amount of assets, and the individual needs of the client. To get an estimate for how much it will cost to prepare a last will and testament in your case, contact a Wilmington estate planning law firm for a quote.

Best Time to Seek Legal Help

No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.

Top Questions to Ask a Lawyer

• What is the usual process to resolve my case? How long will it take to resolve this?
• What are likely outcomes of a case like mine? What should I expect?

An experienced lawyer should be able to communicate a basic “road map” on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you’ve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.

Types of legal fees:

Bill by the hour: Many attorneys bill by the hour. How much an attorney bills you per hour will vary based on a number of factors. For instance, an attorney’s hourly fee may fluctuate based on whether that hour is spent representing you in court or doing research on your case. Attorneys in one practice area may bill you more than attorneys in a different practice area.

Contingent fee: Some lawyers will accept payment via contingent fee. In this arrangement, the lawyer receives a percentage of the total monetary recovery if you win your lawsuit. In sum, the lawyer only gets paid if you win. Contingent fee agreements are limited to specific practice areas in civil law.

Flat fee: For “routine” legal work where the attorney generally knows the amount of time and resources necessary to complete the task, he/she may be willing to bill you a flat fee for services performed.

Common legal terms explained

Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.