Last Will and Testament - Make a Will at IncSmart
Last Will and Testament - Make a Will with IncSmart
Are You Thinking About Creating a Last Will and Testament?
If you are thinking about drafting a last will and testament you should seek the assistance of an attorney. Drafting a last will and testament is complicated. A skilled attorney can ensure that your assets and your loved ones are protected for the future. A last will and testament can ensure that your wishes are carried out after your passing. To further protect your assets and your family, it would be wise to contact an attorney in your state to help your draft your last will and testament. IncSmart has a legal plan for you.
What if I die without a will?
Dying without making a will means you'll have no say over who receives your property. State laws will decide. In some states, only 1/2 of one's assets go to the surviving spouse. Depending on your situation, the rest would go to your children, parents or close relatives.
If you have minor children, a judge will decide who cares for them, and the situation may not be ideal.
Appoint someone to settle your affairs.
Choose who will receive your property.
Choose who will receive your property.
Keep your estate functioning for future generations.
Decide who you want to raise your kids.
Decide who you want to raise your kids.
Probate
After the testator has died, a probate proceeding may be initiated in court to determine the validity of the will or wills that the testator may have created. In most cases, during probate, at least one witness is called upon to testify or sign a "proof of witness" affidavit. If the will is ruled invalid in probate, then inheritance will occur under the laws of intestacy as if a will were never drafted. Often there is a time limit, usually 30 days, within which a will must be admitted to probate. Some jurisdictions will admit a copy of a will if the original was lost or accidentally destroyed and the validity of the will can be shown to the court. The disadvantage of having a will only can be seen when comparing a will to a living trust. If you pass away without a will or living trust, your estate goes through the probate process before your heirs receive your estate. Having a will does not prevent your estate from going through the probate process. Establishing a living trust and transferring your assets into the trust during your lifetime will allow those assets to be transferred to your heirs without probate.
After the testator has died, a probate proceeding may be initiated in court to determine the validity of the will or wills that the testator may have created. In most cases, during probate, at least one witness is called upon to testify or sign a "proof of witness" affidavit. If the will is ruled invalid in probate, then inheritance will occur under the laws of intestacy as if a will were never drafted. Often there is a time limit, usually 30 days, within which a will must be admitted to probate. Some jurisdictions will admit a copy of a will if the original was lost or accidentally destroyed and the validity of the will can be shown to the court. The disadvantage of having a will only can be seen when comparing a will to a living trust. If you pass away without a will or living trust, your estate goes through the probate process before your heirs receive your estate. Having a will does not prevent your estate from going through the probate process. Establishing a living trust and transferring your assets into the trust during your lifetime will allow those assets to be transferred to your heirs without probate.
