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Last Will is a formal document that defines the rules for the transfer of property to heirs in the event of the testator's death. This document regulates the relationship of the heirs since it divides the property by shares. In any case, this is a fundamental document necessary to determine the procedure for obtaining property.
The testator appoints a personal representative to manage real estate, assets, and money. As a rule, a personal representative is an individual who collects all information about debts, loans, and property for a Will. Secondly, he is responsible for the correct (according to the document) distribution of property without fraud and lies.
Essential Requirement
In each state of the United States, the law sets its rules and requirements for legal documents, for instance, Last Wills.
As a rule, the main requirements address the following issues:
- Number of witnesses (their personal information)
- Method of signing the document
- Age of the person leaving the Will
- Beneficiaries (ownership division)
There are enough rules in this area. For this reason, you need to read them carefully before drawing up the document. For instance, minors cannot make a Will. Secondly, when signing the document, witnesses must be present. No one should threaten you, as such actions entail liability under the law. Thirdly, do not forget that you can't exclude your spouse from the Will. According to the law in the states, the spouse receives some part of the property in any case.
In some states, there is a "remark," which determines the dissatisfaction of the beneficiaries. If the heirs want to challenge the Last Will, they will automatically lose their property under the document. This provision appears in some laws, so check it with a lawyer in advance. It is worth noting that any mistakes usually lead to misunderstandings on the part of the beneficiaries. The best and quickest way to make the Last Will is to have the help of a lawyer. Moreover, the testator appoints an executor who controls this process and notifies the heirs of the document.
Another important clarification is the appointment of a guardian for minors. If your child has not yet reached the required age, you may specify a guardian in the Last Will. This person will continue to take care of your children until they come of age.
Absence of Last Will
There are cases when the testator did not have time to make the Last Will. In such circumstances, the court independently appoints a personal representative to pay the existing debts and loans. After that, the heirs receive the remaining assets under the law of the state of residence.
In general, the Last Will is a necessary measure to regulate property rights. Do not forget to follow the requirements to avoid risks. It is better to double-check the document with a lawyer several times.