A will (also known as a testament or last will and testament) is a document used by a person to dictate the disposition of their property and assets at the time of their death.
Requirements for someone (known as the testator) to put together a will include:
Though it is possible to prepare a will without a lawyer, it is not recommended. Estate law surrounding wills is quite specific, and any small error can void the entire will. Without professional legal advice and assistance, a will could contain an error making it invalid in the courts.
When it comes to planning for the future, consult with an attorney. Only then will you know your loved ones will be protected.
A Living Will is a legal document which specifies how you wish to be treated in the event of a terminal illness or catastrophic injury. This usually deals with if a person wishes to be on life-support or have heroic efforts made on their behalf to save a life. It can also deal with topics such as organ donation.
As with all such important documents, a living will should be prepared in consultation with an experienced attorney who can ensure that your wishes are met.
Probate is the legal process of validating a will, settling the estate of a deceased person, and distributing their property.
The steps involved in executing a probate are:
Probate can take months to a year to fully settle, depending on complexity of the estate, disputes, and bills.
Also known as surrogate court in some states, probate court is a specialized court that focuses primarily on estate administration and probate cases. Among other responsibilities, probate court validates and enforces wills and prevents any untoward activities by those administering the wills (executors). The probate court also holds juristiction when a deceased with property has no valid will.
Most wills establish an executor - or administrator - for the estate. This person presents the will to the courts, along with a list of assets and property. If a will does not designate an executor, the courts appoint one.
Probate is the legal process of validating a will, settling the estate of a deceased person, and distributing their property. A probate attorney is experienced in all aspects of the probate process and can ensure that their client's wishes will be fulfilled.
Probate requires extensive paperwork and court appearances. Having a lawyer experienced in probate issues helps you deal with those complications during an already difficult time. Your attorney will guide you through the issues dealing with someone's estate.
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