Oklahoma City Wills Attorney
Why Do You Need a Will?
Wills are powerful estate planning tools. Your will allows you to identify your heirs and the person who will handle your affairs if you die.
Your will is part of your minimum estate plan (along with your power of attorney, and healthcare directives). You still need a will even if you have a trust – but only as a “backup” tool. Wills must go through probate to be activated.
What Is a Will?
Wills are one of the oldest estate planning tools and one of the most familiar. The proper name of this tool is “Last Will and Testament. ” This means it is the place where you make your final wishes known (the “last will” part) and where you testify (the “testament” part) to how your affairs are to be handled.
Most of us are aware that your will states who will get your things when you die, and how much each person will get. But a properly drafted will is going to do much more than that. One of the most important declarations in your will is selecting who will take care of things. This person is referred to as the "executor" of your will.
What Is a Will Executor?
The person you pick to handle things when you are gone was historically called the “executor” - because that person executes (carries out) your wishes. Today, most jurisdictions refer to that person as the “personal representative,” but it amounts to the same thing.
Interestingly, selecting a list of personal representatives (a first choice and a few backup people) is the most important decision that you will make in your will. It’s probably more important than naming your heirs.
This is true because no matter how detailed your will may be in naming your heirs and what each will get at your death, it won’t much matter without the right person handling your estate.
It’s much like having a race car. No matter how fast a race car you have, if you don’t have a good driver, you probably won’t win the race. Your will needs a well-chosen “driver” - your personal representative.
Your will is the legal document where you can do both – state who gets what, and state who will take care of your affairs. But there can, and should, be a lot more to your will than just these minimum expressions of your wishes.
"Great group of professionals."From the receptionist to the completion... Great group of professionals that "listen to your story and design a plan to meet your needs!"- Sherilynn
"McBride & Associates has a wonderful group of knowledgeable attorneys and the staff is very friendly and helpful."McBride & Associates has a wonderful group of knowledgeable attorneys and the staff is very friendly and helpful. They did a great job handling our legal matters.- E.S.
"We cannot thank you enough, David McBride."My wife and I have a "blended" family. We reached out to McBride and Associates to build an estate plan that would benefit our entire family and be "fair" to all parties...that sounds dry and hum-drum...but we wanted to be able to take out all of the drama and mystery of dividing up our estate after our (very much hopefully in the distant future) death. Their team put together a plan that works for everyone. We can not thank you enough, David McBride.- Robert
"If I ever need additional legal assistance, David McBride will be the first attorney I turn to."David McBride is an excellent attorney. I cannot thank him enough for putting me at ease and for resolving my legal problems.On occasion when I needed to contact him and he was not available, his staff were amazingly helpful, and David promptly followed up with me even though his staff had already addressed my concerns. If I ever need additional legal assistance, David McBride will be the first attorney I turn to.- Leslie
"I have had nothing but excellent experiences with the law firm of McBride & Associates."I have had nothing but excellent experiences with the law firm of McBride & Associates. McBride & Associates has helped my family and extended family with many legal situations including estate planning, an auto accident, and dealing with prior creditors. I have known David McBride for years and he is very knowledgeable and not only a great attorney but someone who truly cares. I never would want anyone else representing me but David and his staff!- Darrell
"THANK YOU McBride & Assoc !!! :)"Not only is the entire "family" of McBride & Associates professional, they are outstandingly friendly. They complement one another, working amazingly well together to exceed all of my legal needs and inquiries in a very timely manner. Highly recommended. THANK YOU McBride & Assoc !!! :)- Douglas
"Thank you, David and Jay for all that you did for us."I highly recommend David McBride for his legal services. My family hired David for our first bankruptcy case. My Husband and I have been very, very satisfied. Not only does he possess immense patience and compassion, but is also very intelligent and well spoken. From the moment I spoke with him, I knew that he was there to look out for his clients' best interest rather than his own. I've heard my share of lawyer horror stories and have always been very cautious when approaching them. I am ecstatic that we were able to find a lawyer who is motivated by sound ethics, as they are often very difficult to come by. I highly recommend David McBride. I also want to say a huge thank you to Jay, Mr. McBride's Legal Assistant. He helped to make sure that we had everything we needed and made sure that everything was taken care. Thank you, David and Jay for all that you did for us.- Zane
"I recommend them to all my friends and business associates."My family and I have been working with McBride & Associates for many years in the areas of Estate Planning, Business Start Up and Non-Profit 501 C-3 status. Their knowledge of the law, attention to detail, combined with a compassionate staff that understands their client needs, is why I recommend them to all my friends and business associates.- Denna
How Reliable Is a Will?
Wills have stayed in continuous use for so long because they are tried-and-true legal tools. Your will’s reliability comes from centuries of use in many countries.
In Oklahoma, we have always had wills, and our system for using them is very well matured. Making a properly drafted and well-thought-out will with your attorney will allow you to avoid having to use the default rules and laws of intestate succession.
These rules apply to people who don’t have an adequate estate plan. Unfortunately, the intestate succession rules may very well not administer and transfer your estate in the way that you prefer.
Looking to draft a will in Oklahoma? Contact us today to get started on your free consultation* with our knowledgeable team.
Why You Shouldn't Rely Upon Intestate Succession
Intestate succession applies to people much like buying a suit of clothing “off the rack. ” That suit is designed to fit the majority of people, but it fits almost no one perfectly, and some not at all. Intestate succession divides your estate the way our legislature thinks that most people would prefer.
In other words, if you don’t make a will, don’t worry, the legislature has made one for you! Do the default rules under intestate succession do what you want? Maybe, maybe not – you must visit with one of our attorneys to find out.
What Is An Example of Intestate Succession?
For example, did you know that if you die without a will, the assets in your sole name don’t all automatically go to your spouse? Instead, those assets are split, with half going to your spouse and the other half to your children. It’s not hard to imagine the problems that will likely arise from such a bizarre situation.
If you and one of our attorneys make your will, you can leave your whole estate to your spouse. You can include a clause that your children will inherit from you only if your spouse were to die before you did.
Your will can do more than this, much more, if you get help from an experienced estate planning attorney. From picking who will be the guardians of your children, to ensuring your spouse’s needs are also met, to dealing with a house, cars, bank accounts, etc. – your Oklahoma City will attorney is going to help you design a will that’s just right for you.
How to Get Started on Your Will in Edmond or Oklahoma City
A will is an important tool in virtually everyone’s estate plan. Visit with one of our attorneys and we will get started on it right away. Call our Oklahoma City estate planning lawyer to schedule a free initial consultation*!