Estate Planning in Wagoner County involves the process of preparing your estate for distribution once you pass away. Estate planning is not a one size fits all type of proposition. Rather, how you distribute your property depends on the assets themselves just as much as how you want it distributed. An effective estate plan considers most if not all potential contingencies for your end of life plans.
Probate in Wagoner County
Probate is a process in Oklahoma that sets out statutory requirements for distributing property upon someone death. Generally speaking, a probate is filed in the State and County where the deceased person resides or has property. If you die with a will the probate court will adjudicate it as valid so long as the will meets the State’s requirements. In the event that you die without a will the probate court will preside over the distribution of your property through intestate distribution. A probate Court also appoints guardians and Executors if the family cant decide. Probate Courts also hear will contest and other issues related to the distribution of property.
Creating a Will in Wagoner County
Depending on the assets that you have a will is a great tool for distributing them after death. Although there are different types of Wills that we can create, the most important element is that the will expresses the intent of the person making it. This means that the body of the Will should clearly set out that the document is your will and that it contains your testamentary intent. Its really not that difficult but its important that the drafter does not mix his or her emotion with their intent to make a final and definitive distribution of their property upon their death.
More About Wills in Wagoner County
In addition to a clear testamentary intent creating a will has several other important elements that need to be taken care of. Each one of the requirements is a little different depending on what kind of will you are trying to create. For each one its important that the will meets the requirements so that the Judge in the case doesn’t find the will to be invalid. An example of a will requirement is that a testator and witnesses of two or more disinterested people must sign it. It is also important that you leave an original copy of your will as copies are not valid in Probate Court in Wagoner County.
Creating a Trust in Wagoner County
Another great tool in Estate Planning is to create a Trust. The key to a Trust is that it allows you to bypass probate court. This means that your heirs don’t have to go in front of the probate Judge in Wagoner County and ask them to adjudicate your will as valid. A Trust never needs to be in probate. Rather, the property of the Trust will distribute per the terms of the Trust itself. Like a will in which you create an Executer a Trust names a Trustee. This person distributes the property as you set it out in the Trust. Like a will, there are several different types of Trust. From a revocable trust to an irrevocable trust there is a great deal of flexibility available to you in your efforts to create a well reasoned and solid Estate plan in Wagoner County.
Estate Planning in Wagoner County
If you are looking to get your end of life affairs in order you need a good solid Estate Plan. This means many different thing to different people depending on where they are in life. Our Oklahoma Estate Planning attorneys understand this and get that you need a plan that’s tailored to you. For a free and confidential consultation with the Estate planning attorneys at Kania Law Office Wagoner Attorneys call 918.283.7394