FAQs About Wills

What makes a Will legally binding?

A Will (or “Last Will and Testament”) is a document which provides for the distribution of a person’s assets to that person’s beneficiaries on that person’s death. A person who makes a Will is known as a “Testator.” A Will does have to be drafted by an attorney to be valid.  In order to be valid, the will must be made by a person of sound mind, over the age of majority, and not under any duress. In addition, a Will must be signed by its author and witnessed properly.  Once a Will is drawn up, it is still only effective upon admission to probate court once its author dies. Each State has its own requirements for a properly drawn Will. We draft each Will to fit your circumstances and wishes.

Will you ensure that my Last Will is valid?

Yes.  Rest assured that your Will will be reviewed for its validity and accuracy.

What if you do not have a Will?

A person who dies without a valid Will is known as “intestate.” If you do not have a Will, the State in which you lived will distribute your personal assets without your Will according to State Probate statute. Every State has probate statutes. Unfortunately, the Probate statute of a State may not provide for distribution as you would have preferred. That is why you make your own Will.

What is probate?

After the testator has died, a Probate proceeding may be initiated to determine the validity of the will created, initialize an inventory of assets of the decedent, and to appoint an executor, mentioned in the Will.

Are you going to give me instructions as to how I am going to sign my Will?

Yes. All Wills come with an Instruction Sheet as to how to execute the Will.

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