Do I Need A Will & Who Can Make A Will In Delaware?
In Delaware, it is highly recommended that every person who owns any assets creates a will to ensure their assets are distributed according to their wishes upon their death. A will is a legal document that specifies how a person’s assets will be distributed after their death. It can also name a guardian for minor children and designate an executor to manage the distribution of assets. If a person dies without a will, their assets will be distributed according to Delaware intestacy laws (no will), which may not reflect the person’s wishes. Therefore, having a will in place can ensure that a person’s assets are distributed as they intended, which can give them peace of mind.
In Delaware, anyone who is over the age of 18 and of sound mind can make a will. The will must be in writing, signed by the person making the will, and witnessed by at least two individuals who are not beneficiaries of the will. It is also important to note that if a person wishes to modify or revoke their will, they must do so in writing and follow the same formalities as creating a will.
Given the complex legal requirements and potential pitfalls of creating a will, it is highly recommended that individuals seek the guidance of the wills attorneys at Schmittinger & Rodriguez to ensure that the will is properly drafted and executed, thereby minimizing the likelihood of disputes or challenges after the person’s death. Additionally, a wills attorney can help individuals develop a comprehensive estate plan that takes into account their unique circumstances and objectives, including tax planning and asset protection.