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WILLS

A will is a legal expression or declaration of your wishes as to the disposition of your property, to be performed and to take effect after your death. The number of pages is insignificant - - - it is the written words that are most important!!

What happens if I die without a will?

There will be no written record of your instructions as to the disposal of your property. The state or court will appoint an executor for your estate. The Executor's responsibility will be to pay any outstanding debts you may have and then to distribute your remaining assets.

Who can make a will?

You must be of legal age and sound mind for your will to be valid. This means you must be able to understand the nature of your estate, the consequences of making a will and you must be acting voluntarily. You will need to arrange an orderly plan to distribute your assets.

Do I need an attorney to make my will?

It is not a requirement by law. However, you may wish to consult with an attorney concerning the particulars of your estate. An attorney may advise you on the formalities or conditions with regard to the method, arrangement and order as well as the use of proper terminology so there are no misunderstandings.

Can I make changes to my will at a later date?

Yes - you can make whatever changes you desire by destroying the original or revoking it with a new will.

Who should I tell that I have a will?

The person you have named as Executor of your estate should be aware of your will and the location of the original will. Family members should also be told of the location of your will. If you have consulted with an attorney, leave a copy of your will with him as well.

Who should I name as Executor of my estate?

You should choose someone you feel is competent to carry out the wishes of your will. The person you choose as executor become Executor only when he take oath and the will is admitted to Probate court.

Does my estate automatically go to my spouse?

No. In most states, the surviving spouse receives one-third of the estate. The balance of the assets are then equally divided among surviving children.

What if I do not have a spouse or children to survive me?

The court will then assume that you wanted your estate to go to a family member(s) unless otherwise instructed in your will; they will then determine who will get what assets.

What if I want to leave my estate to someone who is not related to me?

You may leave your estate to any person, church, charity or even the state, if you desire.

 

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