Statistics show that 66% of Americans do not have a strong will. A common misconception among the public is that a will must be drawn up by an attorney, who will likely charge huge sums of money to create the document. In any act, most any person can create his own legal and binding will. Most attorneys can produce an official appearance and a favorable will, even though no state law has been prepared or approved by a lawyer.
Preparing a will ensures that your assets are distributed as you wish. In the case of minor children, the will provides care, including the best method of managing the property left for the benefit of the child, and names a guardian over the child or children. A will allows you to leave an individual legacy and also provides for the disposition of your body after death.
If someone dies intestate or without a will, their property will be distributed to their children and spouse according to the laws of the state where the person lived at the time of death. In a case where the family is absent, the state may become a guardian. If the death leaves a minor child, the state judge will decide who will take care of the minor child and theirs. property
The following should be considered when making your will;
1. The law that governs your will
Generally, a will is valid in every state in the United where you die. For example, if you live in North Carolina, but your will is valid in New Jersey. North Carolina as long as it was prepared according to the laws of the State of New Jersey.
2. Age Requirements
3. public mind
4. Technical Requirements
5. Executor/Executrix
6. What is your business to give?
We will provide for the minor children of 7
Name the individual(s) who will provide physical care and raise your children
Name the individual(s) who will handle and control the children’s property. NOTE: It can be the same as the person who will provide physical care
The general form of the will can take this form:
1. Preface I, John Doe, a resident of the town of Nowhere, Oregon, hereby appoint, publish and declare that this is my will and testament. I hereby revoke all previous wills and codicils.
2. Identification of Children and Grandchildren – I have the following natural children: George Smith, Martha Smith Jones, and Abigail Smith. The following stepmothers have children: Gunther Doe. I have the following grandchildren: Molly Smith.
3. Debts and expenses I hereby order all my debts and funeral expenses to be paid or provided for as soon as possible after my death.
4. The tax of all estates and taxes Notary Public. If the will consists of more than one page, either initial or sign or date the bottom of each page.
10. Self-testing affidavit of the testator (making a detailed will) and witnesses in the presence of a public notary.
The Internet and your local library are great examples of Will principles.
The information contained in this article is not and does not constitute legal advice. You should consult an attorney for specific advice on your matter. This information is not intended as a substitute for consultation with an attorney. Especially legal issues, concerns and situations always require the advice of appropriate legal counsel.
You cannot dispose of possessions by your will
Property already designated beneficiary-life insurance, IRAs, joint checking accounts, joint savings accounts
The property that you have with another individual, that is, the house and property that you received with your spouse will automatically transfer to the spouse who dies.
Know Your Personal Property
Personal possessions (ie: guns, jewelry, family heirlooms, etc.)
Family Furniture
Originating Accounts, Money Accounts, Checking Accounts, Savings Accounts, Certificates of Deposit
Business Interests
Identify your Real Property
List by address or location
The state of how the property is owned (ie: Great Aunt Martha owned)
Name a person that you trust completely
Your executor/executor must reside in the same state as you
Name a person who is healthy and will be around after you die. This will be the legal responsibility to manage and distribute your assets according to your wishes.
Some states recognize a holographic or handwritten will. Holographic wills are not recommended and a printed will is preferred
Oral wills are valid in only a few states and are only accepted if they are made in special circumstances, that is: if the will maker is in imminent danger of death, or if the will is made while on active duty with the US Military.
A will is usually made by two married people who sign the same will. Joint wills are not recommended because things can be tied up in a second death suit for years
At least one executor is named. An executor or executor is appointed to carry out each of the provisions of the will
A will should state how you want your property divided
The will must be signed and dated
A will must be witnessed by at least two or, in some states, three witnesses who are not beneficiaries under the will
He must be of sound mind;
what is the will
Know that you do the will
You have a firm understanding of who is going to accept the matter in your will
Know exactly what you are getting
Most courts have the ability to declare a will invalid if it is found that it was made under duress or fraud
You will be 18 years of age or older at the time of signing the will
