southern
indiana
New Albany Will Lawyer & Last Will and Testament Attorney
Our firm proudly serves New Albany and its surrounding communities, offering personalized legal services that adhere to the strict requirements of Indiana law. Our approach is centered on clear communication and careful attention to detail. Whether you’re drafting your first will or updating an existing document, we are here to help you navigate every step of the process.
Call 812-944-8005 to schedule a consultation with our experienced New Albany will lawyers.
What Is a Will and Why Do You Need One?
At Mattox & Wilson, we believe that a will is far more than just a piece of paper—it’s your voice for the future. A will is a formal legal document in which you clearly state how you want your assets, property, and personal belongings distributed after your death. It also allows you to name a trusted person to carry out your wishes and, if you have minor children, to designate a guardian who will care for them.
Without a will, your estate will be divided according to Indiana’s intestacy laws, which may not align with what you truly want for your family. This could lead to lengthy probate proceedings, unexpected legal fees, and even disputes among surviving family members. By preparing a will, you take control of your legacy—ensuring that every asset, from financial accounts to cherished keepsakes, goes exactly where you intend. It provides clarity at a difficult time and offers your loved ones peace of mind during their period of loss.
Moreover, having a will minimizes the chances of conflict among family members and reduces the burden on the courts, as your instructions will be clear and legally binding under the requirements set out in the Indiana Code. In our practice, we work closely with clients to tailor their will to their unique circumstances and long-term goals, ensuring that their legacy is preserved in a way that reflects their values and protects their family’s future.
Overview of Our Will Services
At Mattox & Wilson, we make sure your final wishes are clearly recorded and legally protected. In Indiana, your will must be written down, signed by you, and witnessed by at least two impartial individuals. Missing any of these steps could mean your will isn’t legally valid—a risk no family should take.
We understand that every estate is unique. That’s why we offer a range of services to match your needs:
Simple Will Creation:
- We help you write a straightforward will that explains how your property should be divided.
- You can name someone to care for your minor children and manage your estate.
Comprehensive Legacy Planning:
- For more complex situations, we develop detailed plans that cover multiple assets, business interests, and long-term family goals.
Combining Trusts and Wills:
- We guide you on how to integrate your will with any trusts you have or plan to create.
- This ensures all your assets are managed exactly as you wish.
Our goal is to create an estate plan that complies with Indiana law while reducing the chance of disputes or surprises. Our dedicated will lawyers work closely with you so that your plan reflects your wishes and provides lasting peace of mind.
Frequently Asked Questions About New Albany Will Preparation
Are There Different Kinds of Wills Available in Indiana?
In Indiana, several types of wills allow you to tailor your estate plan to your specific needs. We work with our clients to choose the best option for their circumstances. Here’s a closer look at the different types:
Standard Last Will and Testament
- This is the most widely used form of will.
- It lets you clearly specify how your assets will be distributed after your passing.
- You can appoint a personal administrator to manage your estate and designate guardians for minor children.
- It must comply with Indiana’s legal formalities, including being signed and witnessed.
Conditional Wills
- These wills become effective only when certain predetermined conditions or events occur.
- They are useful if you want your estate plan to change based on specific life events or circumstances.
- By setting clear conditions, you can ensure that your wishes are fulfilled in the appropriate context.
Pour-Over Wills
- Often used alongside a revocable trust, a pour-over will acts as a safety net.
- It directs any assets not already transferred into your trust into it upon your death.
- This approach ensures that your entire estate is managed according to your trust’s terms, helping to streamline asset distribution.
Each of these options serves a unique purpose; as experienced New Albany will lawyers, we take the time to understand your individual situation to determine which type of will best fits your estate planning goals.
What Happens If I Die in Indiana Without a Will?
If you pass away without a will in Indiana, your estate is subject to intestacy laws, which means the state will decide how your assets are distributed rather than your own instructions. This process can lead to outcomes that may not reflect your personal wishes. Here’s what typically happens:
State-Determined Distribution:
- Indiana’s intestacy laws allocate your assets according to a statutory formula, usually prioritizing your closest relatives such as your spouse, children, or parents.
- The court appoints an administrator to manage and distribute your estate, which may delay the process.
Potential for Family Disputes:
- Without clear instructions, disagreements can arise among surviving family members regarding who should receive what.
- This can lead to lengthy probate proceedings and even litigation, which adds stress and expense during an already challenging time.
Guardianship Decisions for Minor Children:
- If you have minor children and no designated guardian in a will, the court will decide who will take care of them.
- The outcome might not align with what you would have preferred for your children’s future.
Unintended Recipients:
- Individuals or organizations you might have wanted to benefit—such as a long-term partner, stepchild, or charitable cause—may be excluded entirely under intestate succession laws.
At Mattox & Wilson, we strongly advocate for proactive estate planning. Creating a will ensures that your legacy is handled exactly as you intend, sparing your loved ones from the uncertainty and potential complications of a state-determined outcome.
Do I Need a Will If I Have a Trust?
Even if you have established a trust, a will remains an essential component of your estate plan.
A trust is an excellent tool for managing and distributing assets during and after your lifetime while often bypassing probate. However, a will is still necessary to address any property not formally transferred into your trust and to cover matters that a trust cannot, such as appointing guardians for minor children. In this way, a will acts as a safety net, ensuring that every part of your estate is managed in accordance with your wishes.
What Types of Situations Does Having a Will Help Avoid?
Drafting a will helps prevent a variety of challenging situations. Without a will, your family may face lengthy and expensive probate proceedings, potentially leading to disputes among heirs. A clearly written will minimizes the risk of litigation by providing unambiguous instructions on asset distribution and guardianship.
It can also avoid scenarios where long-term partners, stepchildren, or other loved ones might otherwise be excluded under Indiana’s intestate succession laws. Ultimately, having a will provides peace of mind by ensuring that your wishes are clearly documented and legally enforceable.
Are Handwritten Wills Valid in Indiana?
Indiana law requires that a will be executed in accordance with specific formalities. Under Indiana law, a valid will must be in writing, signed by the testator, and witnessed by at least two individuals. While handwritten, or holographic, wills are recognized in some jurisdictions, in Indiana they are generally not considered valid unless they meet all the statutory requirements—including proper witnessing. This means that relying solely on a handwritten will without following formal procedures can jeopardize the legal enforceability of your final wishes.
Contact Us Today – Schedule A Consultation with An Experienced New Albany Will Attorney.
At Mattox & Wilson, we are committed to providing clear, compassionate, and effective legal guidance to help you secure your family’s future. Whether you have questions about the different types of wills available, need advice on integrating a trust into your estate plan, or simply want to ensure that your legacy is protected, we are here to assist you.
Call us today at 812-944-8005 to schedule your consultation with an experienced Indiana will lawyer and take the proactive steps necessary for a sound estate plan in accordance with Indiana law
