What Is A Will?
By: LawInfo
A Will is a written instrument containing directions for how the property of the person making the Will (called the testator) shall be divided on his or her death. State law generally requires that the Will be signed by the testator and by at least two witnesses who have no interest in the property passing under it. The testator must state in the presence of the witnesses that the instrument is his or her Will. He or she must also be competent (not insane, senile or mentally disabled) and not acting under duress or under the controlling influence of any person. A signed instrument purporting to be someone`s Will is not officially recognized until the court having jurisdiction over the instrument declares it to be a valid Will after examining it and the circumstances surrounding its execution. The process by which a court determines whether a Will is valid is known as probate.
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Additional Wills FAQs
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Q:
What Is Estate Planning?
A: Estate planning is a process to consider alternatives for, to think through, and to set up legally effective arrangements that would meet your specific wishes if … More -
Q:
Do I Have to Have a Will?
A: No, but if you do not have a will then your assets will be distributed “intestate.” What this means is that your property will be distributed to … More -
Q:
Does It Make Sense To Use An Attorney? Is It Expensive?
A: Only an attorney who regularly practices in the fields of wills, trusts, probate and estate planning is able to provide you with really sound legal advice as you put … More -
Q:
What if I Die Wthout Any Family?
A: If you die without any family (heirs) and without a will then your estate “escheats” to the state. What this means is that the state you live in … More -
Q:
When Should I Start My Estate Plan?
A: The only time that you can prepare and implement an estate plan is while you are alive and have legal capacity to enter into a contract. If you are unable to manage … More -
Q:
Do I Have to Give Property To Every Child?
A: No, you can “disinherit” any person you chose. However, the only way to disinherit someone is through the use of a will. It is also a good … More -
Q:
What Sorts Of Instructions Are Made As Part Of An Estate Plan?
A: An estate plan consists of one or more documents that set forth instructions. Some documents are used to control health care decisions, others control your property in … More -
Q:
How Can I Reduce My Estate Tax Upon My Death?
A: Federal Estate Taxes are only charged against Estates with net values in excess of the amount set by the law in place at the time of the person's death. The … More -
Q:
What are Some Typical Estate Planning Documents?
A: Several of the following documents are typically used as part of the estate planning process: A Will, sometimes called a Last Will and Testament, to transfer … More
Estate Planning Sub-categories
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Family Will
Living Will | Trusts |
