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What is a will? How it works and what it should include

Posted by Noah Sarkauskas | Jan 22, 2023 | 0 Comments

Understanding the basics of a will and its importance in estate planning

A will is a legal document that specifies how a person's assets should be distributed after their death. The person making the will is known as the "testator." The document typically includes instructions for the distribution of property, personal belongings, and assets, as well as any specific instructions for the care of minor children and the appointment of guardians, if applicable.

The probate process and the role of a will in the distribution of assets

When the testator dies, the will is submitted to probate court, which is the legal process of administering a deceased person's estate. The probate court will review the will to ensure that it is valid, that it was properly executed, and that it does not contain any inconsistencies or errors. Once the will is found to be valid, the court will appoint an executor, who is responsible for carrying out the instructions outlined in the will. The executor will be responsible for identifying and collecting the assets of the estate, paying any debts and taxes, and distributing the remaining assets to the beneficiaries. It is important to note that wills must go through the probate process. Using other estate planning methods, your assets may be able to avoid the probate process, saving time and money when administering your estate.

The elements of a will: what should be included in a valid document

A will should generally include the following elements:

  • The identity of the testator, including their full legal name and address.
  • A statement that the document is the testator's will.
  • The appointment of an executor.
  • A list of specific gifts or bequests, such as a specific piece of property or cash bequest.
  • Instructions for the distribution of the remaining assets, which are known as the "residuary estate."
  • Any specific instructions or wishes regarding funeral arrangements.
  • The appointment of guardians for minor children, if applicable.

State laws and requirements for wills and the importance of consulting with an attorney

It is important to note that the laws regarding wills vary by state and it's always best to consult with an attorney that has experience in estate planning for the specific laws and requirements of your state. And its also good to periodically review your will and update it as needed, particularly after significant life events.

Contact Heritage Law Office for personalized advice on creating a comprehensive will.

At Heritage Law Office, we understand the importance of creating a comprehensive will that reflects your wishes and protects your assets. That's why we offer personalized advice and guidance to help you create a will that meets your needs and the needs of your loved ones. Our attorneys have the knowledge and experience to help you navigate the legal process and ensure that your will is valid, properly executed, and reflects your current wishes. They can also provide advice on any state specific laws and requirements that may impact the validity of your will.

We take the time to understand your unique situation and goals, and we can provide customized advice on how to structure your will and what should be included in it. From identifying and distributing your assets to arranging for the care of minor children, we can help you create a will that provides for your loved ones and ensures that your assets pass to your beneficiaries as smoothly and efficiently as possible.

Contact us today by calling 414-253-8500 or by sending us a message to schedule a consultation and take the first step in creating a comprehensive will that protects your assets and your loved ones.

About the Author

Noah Sarkauskas

Bringing technology, automation, machine learning, and a systematic approach to the legal world, Noah Sarkauskas is making the legal field significantly more efficient. Noah leverages technology to complete your legal work in a significantly quicker and more time-efficient matter while simultaneo...

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