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Wills (Last Will and Testament)
If you are over the age of 18 and you have property and assets that you want to leave to someone, you need a will. Regardless of the size of your estate, it is critical that you have at least a simple will. A valid will gives you control over how your assets will be distributed and how your dependents will be cared for in your absence.
Basic Requirements For a Will
- The Will maker must be eighteen years old,
- The Will must be in writing,
- The Will must be signed by the Will-maker,
- The Will must be witnessed and signed by at least two people.
Without a will, a judge, who does not know you, your family or your wishes, will use state law to determine how your assets will be distributed and who will manage your estate. This may directly conflict with your wishes.
What You Should Consider Before Making A Will?
- Who should receive my property? In what proportions? If there are children, at what age(s) should they receive their inheritance?
- Who should be named as guardian of my minor children? If you have minor children you should also consider a Child Protection Plan which will name temporary and permanent guardians for your children.
- Should a Trust be created in my Will for my spouse, children or others?
- Should insurance proceeds be payable to a Trustee named in my Will? Spouse? Children?
- Who should I name as Personal Representative? Successor Personal Representative?
- Can I lessened or avoid estate taxes?
Changing or Revoking a Will
You can always revoked or changed your Will. You can change your Will by executing a new Will or by an addition called a “Codicil.” Written changes, such as additions, deletions, comments or marks, on the Will itself may invalidate the Will. Therefore, once signed, a Will should not be altered in any way without the assistance of an estate planning attorney.
We understand that your children and your assets are important to you. If you wish to ensure your children are fully protected and to take control how your assets will be managed, protected, and distributed, start now by contacting the Kinsey Law Group.
If you have questions about any aspect of estate planning and what we can
do for you, please contact us. |