Gardner Mary Beth-Attorney Blog | Altoona , WI

Why Do People Update Wills With Estate Attorneys?

Thu, 25 Sep 2025 13:05:18 GMT

Creating a will is a crucial step in ensuring one's wishes are honored after passing. However, life is full of changes, and circumstances can evolve rapidly, making it essential to revisit and update this vital document. Just like any legal document, a will must reflect the current situation and incorporate any necessary modifications. This is why many people turn to estate attorneys for professional assistance in maintaining and updating their wills to accurately mirror their present needs and wishes.

Changes in Family Life

One primary reason people update their wills is due to changes in personal and family circumstances. Marriages, divorces, births, and deaths are significant life events that warrant a revision of one's will. Failing to update a will can result in unintended beneficiaries or discrepancies in asset distribution, which can lead to disputes among heirs. Thus, consulting an estate attorney ensures that any major life change is promptly and effectively addressed in the will.

Adjustments in Local Law

Another reason for updating a will is changes in the law or tax regulations that can impact estate planning. Estate attorneys are well-versed in the ever-evolving legal landscape and can provide guidance on how these changes may affect an individual's estate. By staying informed and proactive, people can optimize their estate plans, minimize taxes, and safeguard their wealth for future generations. According to Gallup, 50% of Americans over age 65 have up-to-date wills, meaning there is still a substantial portion who may not be taking full advantage of the benefits offered by current laws.

Acquisition of New Assets

Furthermore, changes in asset values or the acquisition of new assets can also necessitate will updates. For instance, selling a property, starting a new business, or inheriting an estate could all impact one's financial landscape. An estate attorney can provide valuable insights into the best way to incorporate these changes into a will, ensuring a seamless transition and proper allocation of assets after death.

Keeping a will up-to-date is a critical component of sound estate planning. By working with estate attorneys, individuals can ensure their wills are current, legally compliant, and aligned with their evolving personal and financial situations. While the process might seem daunting, it ultimately provides peace of mind, knowing one's legacy and loved ones are protected and cared for in the future. If you need professional estate attorneys , make sure to contact Gardner Mary Beth-Attorney today.

What to Look for in a Probate Lawyer

Tue, 20 Jun 2023 17:28:02 GMT

Probate law is complex, and it's best to have a professional on your side. That's why working with an experienced probate lawyer is essential. Look for these critical things to ensure that you have an experienced lawyer by your side.

Responsiveness

Probate is the legal process through which a deceased person's estate is distributed to heirs and beneficiaries. This can be a stressful time full of emotion. The last thing you need is to wait days for a phone call to be returned. Instead, ensure you work with a responsive attorney.

Experience

Probate law requires knowledge and experience. It can be tricky, and there can be a few speed bumps. For example, family members can contest a will if they feel they should have inherited something. According to Capital Management, 32% of older Americans have not informed their family where to find legal, medical, and financial documents, if needed. You need an experienced lawyer that knows the ins and outs of probate law, so they can assist you if something goes awry.

Reputation

When you're headed to court or dealing with complicated probate issues, you need someone with a proven track record. That's why reputation is important. Check their online reviews, ask family and friends, and read testimonials for any law firms they have previously worked for.

Transparent Fees

A reputable attorney will not beat around the bush or give you vague price answers. Instead, they'll provide a transparent fee structure. They'll also be willing to answer your questions, including whether phone calls count for their hourly rate.

Negotiation Skills

An experienced lawyer will ultimately try to negotiate without heading to the courtroom if possible. However, they need to be experienced with the courtroom just in case you wind up fighting their case in court. Ask potential lawyers if they have experience heading to trial to determine whether they'll be able to properly represent you in the courtroom.

Communication Skills

Communication skills are necessary whenever you hire a probate lawyer . This is especially important when working with a probate attorney. You need a lawyer to answer any questions you have regarding probate law in terms you can understand. Ask a lawyer a few questions to determine if they have good communication skills.

When it's time for probate, many people are overwhelmed. You shouldn't have to learn about probate law during this tragic time. Instead, give Mary Beth Gardner Attorney At Law a call, so we can deal with the legal aspect for you.

4 Key Benefits of Hiring a Probate Lawyer

Thu, 15 Dec 2022 13:01:28 GMT

Probate can be a confusing topic. Almost half of Americans don't think they have enough assets for estate planning, according to The Wealth Advisor. As a result, their assets will go into probate. It's invaluable to have a probate lawyer by your side during the probate process. While probate tasks may seem straightforward and easy to handle, probate lawyers specialize in estate planning. They have unique insights into probate law that can ensure all processes are handled correctly. Here are some of the top benefits of hiring a probate lawyer.

1. Applying Knowledge of Probate Law

One of the main benefits of having a lawyer on your side is that they are knowledgeable about probate law. It's important to note that probate laws vary from state to state, so you'll want someone who knows the exact rules and regulations for your particular state. A probate lawyer will keep the probate process running smoothly and will ensure that you're in compliance with all the local probate laws.

2. Assisting With Financial Issues

The probate process is often complicated, especially when it comes to financial issues. A probate lawyer can help you understand and manage financial responsibilities that you may be responsible for. They'll help you determine what needs to be paid and how much is owed to creditors. They may also assist with filing tax returns and managing probate costs.

3. Helping With Contested Claims

In some cases, probate can become contested by family members or other parties. In these scenarios, it's important to have a probate lawyer with the experience and knowledge to handle any disputes that arise. A probate lawyer will be able to help you manage the situation and ensure that the probate process isn't disrupted.

4. Eliminating Stress

The probate process can be stressful and overwhelming, especially if you don't have experience with probate law. With a lawyer by your side, you'll have someone to lean on who can help answer any questions or concerns you may have. It'll give you peace of mind to know that the probate process is being handled correctly and efficiently.

Probate laws vary from state to state, so having a probate lawyer who is knowledgeable about the law in your state is essential. They can help you navigate the process and make sure all the assets left behind are distributed legally and correctly. If you're looking for probate legal assistance, turn to Gardner Mary Beth Attorney At Law.

What Documents Should Be in Your Estate Plan?

Tue, 31 May 2022 18:03:29 GMT

When it comes to estate planning, there are a lot of different factors to consider. You need to think about your assets, debts, beneficiaries, and more. But one thing that's often overlooked is the importance of having the right documents in place. And even among those people who do have the right documents, 32% haven't told their families where they can find them if needed, according to Bedlam Law. Unfortunately, without the proper paperwork, your loved ones could face many challenges after you're gone. That's why it's so important to make sure that your estate plan includes the following documents.

1. A Will

A will is perhaps the best-known component of an estate plan. A will allows you to designate how you would like your assets to be distributed after your death. You can also use a will to name a guardian for your minor children. However, it's important to keep in mind that a will does not take effect until after you die, so it cannot be used to manage your affairs if you become incapacitated. Your assets will be distributed according to your state's intestacy laws in the absence of a will.

2. A Living Trust

A living trust is a legal document that can be used to hold ownership of your assets while you're alive. Unlike a will, a living trust takes effect as soon as it's created. If you become incapacitated, the trustee you've named in the trust document can step in and manage your affairs. A living trust can also be used to help avoid probate.

3. A Durable Power of Attorney

A durable power of attorney is a legal document that gives someone else the authority to manage your affairs if you become incapacitated. Unlike a living trust, a durable power of attorney does not take effect until you become incapacitated.

4. A Healthcare Directive

A healthcare directive, also known as a living will, is a document that spells out your wishes for end-of-life care. A healthcare directive can be used to appoint a healthcare proxy who will make decisions on your behalf if you're unable to do so yourself. Most estate attorney services can help you put together the right estate plan for your needs.

5. Beneficiary Designations

Beneficiary designations are important in estate planning, but they're often overlooked. They allow you to designate who will receive your assets after you die. These assets can include life insurance policies, retirement accounts, and bank accounts. Remember, beneficiary designations supersede any instructions you include in your will, so it's important to keep them up to date.

Estate attorney services can help you put together the right estate plan for your needs. If you're not sure where to start, consider meeting with an estate planning attorney to get started. Give us a call today here at Mary Beth Gardner Attorney at Law for a free consultation.

5 Reasons Why Estate Planning is Important

Fri, 03 Dec 2021 17:26:16 GMT

Everyone needs to have an estate plan, and it goes beyond simply writing up a will. Age, wealth, and status don't matter much because things are constantly changing, so it's good to start working on your estate plan right away. Read on to see five reasons why estate planning is important for everyone.

1. It Can Save You Time and Money

When you die intestate or without a will, the laws of the state in which you live and own property will be used to determine what will happen to your assets. The probate court names a representative, often your spouse, to distribute and give away your assets. If you don't have a spouse or a willing member of your family, a public trustee is employed to do the job. This process takes time.

2. It's More Than Writing a Will

Writing an estate plan goes beyond simply outlining how your estate will be distributed after your demise. It also covers medical directives to be followed when you're unable to outline the care you would like to receive, trusts to facilitate passing on property to your heirs, beneficiary instructions outlining who will receive money from financial accounts, and more.

3. It Can Help You Avoid Hefty Taxes

You can employ the services of an estate lawyer to help you plan your estate so you avoid paying excessive taxes on the property you're passing to your heirs. Some methods include making irrevocable gifts and setting up trust funds, things that estate planning covers adequately.

4. It Takes Care of You

Estate planning can cover durable power of attorney and healthcare proxy, which help ensure your wishes are carried out in case you're incapable of handling them, whether permanently or temporarily.

5. It Protects Your Children

Finally, an estate planned with the help of an estate lawyer will protect your children if you pass away and don't leave behind a spouse. This is because it outlines who should take custody of them, so they won't end up with a legally appointed guardian or conservator.

Don't be a part of the 71.6% of Americans who, according to Advance Capital Management, currently don't have a will that's up to date. Enlist the services of an estate lawyer to make sure that your will is carried out when you're no longer around or able to do what you would like to be done.