Wills FAQ

What is Will?

A Last Will and Testament (a “Will”) is a legal document that: (a) states an individual’s (the“Testator”) final wishes regarding their property and dependents, and (b) appoints another person (the “Executor”) to carry out those wishes once they have died. Persons who receive benefits from the Testator’s estate arereferred to as a “Beneficiaries.”

What types of Wills are there?

There are many types of traditional Wills:

• Holographic Wills - informal and handwritten.
• Statutory Wills - a template-based document that is pre-drafted, requiring the Testator to fill in blanks.
• Testamentary Trust Wills – more complex than Statutory Wills, allowing the Testator to set up a trust.

Who should use a Will?

Wills are recommended for all adults regardless of profession, current health or size of estate. Individuals dying without a will (intestate, described in more detail below) may leave behind unintended conflict among family and friends, not to mention that their property may be distributed in a way that they would not have wanted.

What is the benefit of using a Will?

The benefit of having a Will is to allow the Testator to still have legal bearing and control on how their property and dependents will be treated after their death. In addition, this control will provide peace of mind to the Testator, knowing that they have provided for their loved ones after they pass away.

What are the requirements to a valid Will?

The Testator must be: (i) an adult or declared as an emancipated adult; and (ii) of sound mind and judgment at the time when the Will is created and signed.

Within the Will itself, the Testator must: (i) plainly identify himself/herself, the executor(trix)and beneficiaries; (ii) describe how their wishes will be carried out; and (iii) attest their Will by signing and dating the document.

What are the requirements in signing and executing a Will?

Although specific requirements differ from one state to another, generally a Will must be signed before one or two disinterested witnesses (non-family members or persons receiving a portion of the estate). In some states the Will may be required to be notarized.

How do I enforce a Will?

Generally after a Will has been executed, the Testator should make copies of the Will and distribute a copy to the executor, keep a copy in a safe, secure, location, as well as inform family or friends of the location of the document. When the Testator dies, the Will is then submitted to a probate attorney or the probate court by the executor or any of the beneficiaries.

Where is a Will enforceable?

Provided that a Will is valid, it is enforceable in any state in the United States.

Can a Will be terminated or revoked?

Because there is no filing requirement to show or declare that a Will has been created, revoking a Will is rather simple: (i) destroy the Will and any copies; or (ii) create a new Will with a provision that the new Will revokes any and all prior Wills. If two Wills are presented to the probate court, the court will enforce the most recent Will and effectively revoke the prior Will.

Can I change my Will?

Yes. You can amend your Will as often as you’d like. Amendment of a Will can be effected in two ways:

• Create a Codicil. A Codicil is an amendment to the original Will. To be valid, it must meet the same execution requirements of the original Will.
• Create an entirely new Will with the changes and include a provision that revokes any previous Wills and Codicils.

What happens if I don’t have a Will?

If you pass away and have not created a Will, you are considered to have died intestate. When a person dies intestate, the probate court will appoint an administratorto handle the deceased’s estate. Typically, the estate will be distributed based on the state’s inheritance laws.

Wills

• Estate Planning Combo Packages

  Popular These Estate Planning Combo Packages are specifically designed to provide you with an array of estate planning documents. Estate planning forms contained within the packages are Wills, Powers of Attorney, Advance Health Care Directives and Organ Donation forms for use in variety of situations and for individuals with or without children.

• Mutual Wills for Couples

  Popular Mutual Wills for Couples specifically designed for couples who have minor or adult children and for those couples who have no children. These documents contain two Will forms for use by both parties and specifically sets out each individual's wishes regarding disposition of their estate upon their death.

• Wills for Divorced Persons

  Popular Wills for Divorced Persons (Not Remarried) which will effectively set forth your wishes in regard to the disposition of your estate. These Wills can be used by those with no children, adult children or minor children for whom a guardian must be named. These forms include a Self-Proved Will Affidavit.

• Wills for Married Persons

  Popular Wills for Married Persons which effectively set forth your wishes regarding disposition of your estate. These forms are for use by married persons with no children or those with adult or minor children.

• Wills for Single Persons

  Popular Wills for Single Persons which effectively set forth your wishes and desires regarding disposition of your estate. These forms are for use by a single person who has adult children, minor children or a single person without children.

• Wills for Widows and Widowers

  Popular Wills for Widows and Widowers who have adult or minor children, or those individuals without children. These forms set forth your exact wishes regarding disposition of your estate and any powers given to the estate executor.

• Agreement Waiving Inheritance Rights

  Agreement Waiving Inheritance Rights is between a husband and wife who agree to waive rights to any property owned or acquired by the other. This agreement will basically administer a couples estate as if they were not married and who desire to leave all property to their children.

• Beneficiary and Executor Forms

  Beneficiary and Executor Forms which set forth explanations about the executor and any beneficiary of your estate. The Beneficiary Questionnaire Kit contains information which will assist in naming individuals as beneficiaries of your estate. The Executor Information Kit includes information on the individual you want to appoint as your executor and the duties and responsibilities they will assume for your estate.

• Living Wills

  A Living Will allows you to make decisions about your health care in the event you become incapacitated. Living Wills allow you to direct the withholding or withdrawal of life-prolonging procedures, or to provide for these procedures, in the event you become terminally ill or are unable to do so. Living Wills are sometimes a part of an Advance Health Care Directive and can be revoked by the maker at any time.

• Property Questionnaire Kits

  Property Questionnaire Kit which is specifically designed to help you inventory all of your assets and liabilities in order to plan your estate. This kit contains questions regarding all assets, including those which are considered community property. The questions contained in this form will assist you in naming beneficiaries who should inherit your estate.

• Statutory Wills

  Statutory Wills specifically designed for use in the states of California, Maine and Michigan. These statutory forms are simple to use and will allow you to easily set out how your estate will be distributed.

• Will Amendments, Codicils and Revocations

  Will Amendments, Codicils and Revocations which will effectively amend, revoke or add codicils to an existing will. Included are a Will Amendment and Revocation Kit and a Codicil with Pet Provision. These forms contain detailed instructions to ensure that your changes to a will are legally binding.