We Provide Legal Guidance in Preparing Documents to Distribute Your Wealth
A last will and testament details exactly how you want your assets to be distributed at the time of your death, but some property, for instance a home you own with your spouse, may not be subject to distribution under a will when rights of survivorship already exist. Estate & Elder Law Services works closely with you to ensure the will we draft meets all legal requirements, minimizes the possibility of legal challenges and accomplishes the goals you seek.
What are the legal requirements for making a will in Delaware?
Under Delaware law, you must be of sound mind and memory and at least 18 years of age to make a will. Wills must be in writing and signed. Two witnesses are required. Delaware does not recognize oral wills or handwritten wills made without witnesses. There are various requirements in Delaware for producing a will during probate and proving that a will is valid. An experienced estate planning lawyer is best suited to advise you on these and other issues in the context of estate planning for your future.
A last will and testament can serve as the primary document in your probate asset protection strategy. It may also be an important part of a broader plan that includes other documents such as trusts and powers of attorney. A power of attorney appoints an individual of your choice to make key decisions on financial or other matters if you become unable to do so. An advance healthcare directive, also known as a living will, may also be advisable to empower another individual to make medical and healthcare decisions on your behalf.
At Estate & Elder Law Services, we discuss these matters with clients and take the time needed to understand what is most important to you.
Estate & Elder Law Services drafts wills and advises clients on their use as part of an effective estate plan. Contact us online or call our office at 302.651.0113 to learn how we can help you. We’re 4.5 miles northwest of downtown Wilmington at the intersection of Route 48 and Route 141. Walk-ins are welcome.