QUESTION

What is the nature of a Will?

Asked on Oct 21st, 2013 on Estate Planning - Idaho
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8 ANSWERS

Probate Attorney serving St. Louis, MO at Edward L. Armstrong, P.C.
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A will is a legal document which expresses the wishes of its maker as to how his or her assets should be allocated at the time of his/her death. It also gives some general directions as to the payment of taxes and legally enforceable debts, appoints a personal representative to do all this. To be "legal" it must be signed and dated by the Testator (person making the will) in front of two persons who are not related and do not have any interest in the decedent's assets (i.e., are not beneficiaries of the will). To be self-proving (meaning the witness will not have to appear in court later to "prove" the will) it must also be signed by Testator and witnesses in front of a Notary.
Answered on Oct 24th, 2013 at 9:38 AM

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Divorce Attorney serving Bingham Farms, MI at Gottlieb & Goren, P.C.
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It directs the transfer of your property on your death, rather than following the scheme that applies if you have no will.
Answered on Oct 23rd, 2013 at 11:32 AM

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Civil Litigation Attorney serving Ventura, CA at The Law Office of Robert I. Long
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In California, a will, in its simplest form, is how someone indicates in a signed writing who they want to get their property and who (the executor) they want to be in charge of carrying out their wishes. It must comply with specific requirements regarding witnesses or other means of authentication, and contain minimum elements of testamentary intent, time of execution, description of property, etc., and be clearly enough written as to not fail for ambiguity. That is the minimum. A will can also be complex, creating trusts, granting powers of appointment, detailing specific powers of the personal representatives, etcetera.
Answered on Oct 23rd, 2013 at 1:27 AM

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Wow, that's a big question. A Will is a special legal document like no other. It expresses your last wishes for the settling of your estate and the disposition of your property. Because the only person who can explain the Will is gone when it becomes relevant, a Will must be signed and witnessed with very specific formalities. The Will is only part of a good estate plan. Your estate plan is important, and usually cannot be fixed when you pass away so, it is best to have an experienced estate planning lawyer help you develop and maintain your estate plan.
Answered on Oct 21st, 2013 at 2:04 PM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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That is a really broad question. I will give it a crack, though. A Will is a set of instructions from someone on what they want to be done with their belongings in the event of death. It also provides the name(s) of the person(s) in charge of carrying out the decedent's wishes. A Will is only effective once it is admitted to probate.
Answered on Oct 21st, 2013 at 1:55 PM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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A will makes provisions for and names a person to carry out, the wishes of a person who has died. It usually states who gets the deceased person's property and who is in charge of making sure the property is distributed.
Answered on Oct 21st, 2013 at 1:04 PM

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Probate Attorney serving Las Vegas, NV
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To dispose of property authorize someone to handle affairs, including burial or cremation and to name a guardians for minor children.
Answered on Oct 21st, 2013 at 12:59 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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It is a document that tells the world what you want done with your property after you die.
Answered on Oct 21st, 2013 at 12:45 PM

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