Last Will and Testament

About Last Will and Testament

A last will and testament is a legal document that gives the court a guide of what you would like done with your estate. If you only have a will, it will send your family directly to probate court.
 A Last Will and Testament (often simply called a “will”) is a legal document that lays out a person’s instructions for how they would like their assets and property to be distributed after they die. It can also be used to name guardians for any minor children.

A will typically includes several key elements. It starts with an introduction that identifies the person making the will (the “testator”), and a statement that the testator is of sound mind and is making the will of their own free will.

The main body of the will lays out the testator’s specific instructions for how their assets and property should be distributed. This can include details about specific gifts of money or property, and instructions for who should inherit the rest of the testator’s estate (if there is anything left after specific gifts have been made). It also includes the name of an executor, the person who will be responsible for making sure the instructions in the will are carried out.

The will also include any instruction for Guardianship for minors and Pets if needed.

Finally, the will typically includes a statement of attestation, in which the testator confirms that the will is their final testament, and it should be signed by the testator and a certain number of witness as per state law.

It’s important to note that a will only comes into effect after the person who made it dies, and their assets are being distributed according to their will.

It is also important to note that while a will is a good way to ensure that a person’s assets are distributed in accordance with their wishes, there are certain types of property or assets that may not be affected by a will. for example, assets held in joint tenancy or assets held in a trust.

It is always a good idea to have a lawyer to help you in drafting your will to ensure that it is legally valid and that it covers all of your wishes.

It will not trigger guardian designations if you are incapacitated and you need someone to take care of your children while you are living. So there are shortcomings to having just relied on a last will and testament as your estate plan.


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