Most everyone knows they should have a Last Will, but apparently more than half haven’t gotten around to it yet. Here are some common questions that address the reasons many people put off writing a Last Will. It might take a few hours to finalize the details, but the small amount of time you spend will be well worth it to your survivors. Call us at (334) 819-7111.
Q: Why do I need a Last Will? A: A Last Will lets you control what happens to your property. If you have minor children, a Last Will enables you to designate who will care for them after your death. Through a Last Will, you can nominate a legal guardian for your children and name an executor to handle the distribution of your estate to your designated beneficiaries.
Q: What happens if I die without a Last Will? A: If you don't make a Last Will or use some other legal method to transfer your property when you die, state law will determine what happens to your property. Since your property must still be distributed, the probate court in your area will appoint someone as the administrator of your estate to distribute the property in accordance with the state laws. The costs associated with this are more expensive than having an executor named by you in advance and must be paid out of your estate before any property is distributed.
Additionally upon your passing, you might leave accounts, unpaid bills, belongings and many other matters. A Last Will & Testament can provide a roadmap for your survivors so unpaid accounts can be squared away. This can help to avoid confusion that often results in hard feelings long after your passage.
Q: What must I do to make sure my Last Will is legally valid? A: After you've drawn up your Last Will, you must take the formal legal step of executing the Will. Wadsworth Law Office, LLC., can take care of all of this for you.
Q: Who gets the property I leave behind? A: In general, you can choose the people you want your property to go to and leave it to them in whatever proportions you want, but there are some exceptions. For example, a surviving husband or wife may have the right to a fixed share of the estate regardless of the Last Will. Some states limit how much you can leave to a charity if you have a surviving spouse or children, or if you die soon after making the provision.
Q: Can I chose to leave nothing to my spouse and or a child? A: Generally, you may not be able to disinherit your spouse, but you may be able to disinherit a child.
Q: What is a Last Will? A: A Last Will or Testament is a legal declaration by which a person, the testator, names one or more persons to manage his or her estate and provides for the distribution of his or her property at death.
Other probate matters where we can provide assistance: