Where to Start with Your Will

People sometimes delay creating a will, because it can seem like an overwhelming task to figure out where you want all of your property to go after you pass away. There are many things to think about. People often put it off, because they are just not certain about everything.

For this reason, it is often a good idea to start simply and first decide upon an executor. Many people think this is a minor concern.  However, it is one of the most important decisions you make when planning your estate. The executor of your estate can have a major impact on what will happen with your estate, as MarketWatch discusses in “When you write your will, don’t mess this up.”

The executor of an estate has many important tasks. The job requires that assets be accounted for, debts are paid and that assets then be distributed under the guidance of the probate court.

Filing tax returns with the IRS is another important task for which the executor is responsible. That can be a problem if the executor gets it wrong. The IRS will seek to collect any unpaid amount, including penalties and fees, but it may not go after the estate alone.

The IRS might seek to collect the money from the executor personally since executors can be held personally liable. When that happens, both the estate and the executor have a big mess on their hands.

Of course, it is best to get an estate plan from an attorney who specializes in creating them. If you are not sure who to name as an executor, ask the attorney for advice.

Reference: MarketWatch (June 13, 2018)  “When you write your will, don’t mess this up.”

Hear From Our Clients

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce

Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

- Marcia

I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!

- Ben