A will, also known as a Last Will and Testament, is a legal document that allows you to establish your wishes regarding the distribution of your property and assets and the care of any minor children. While it’s obviously not pleasant to think about what happens to your stuff after you die, having a will is important.
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Having a will helps ensure that the people and possessions you care about most are taken care of, while also helping reduce unnecessary stress for your loved ones in a difficult time. If you pass away without a will, you have died intestate, which means your property will be distributed according to the laws of whatever state you were living in at the time of your death. Essentially, a court will decide how your possessions are distributed if you die without a will. This scenario often leads to a multitude of negative and unintended consequences that could have been avoided with a properly structured will.
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Probate is the legal process of settling a deceased person’s estate. The goal of the probate process is to provide a framework for settling the departed person’s affairs in an organized, legal manner. Having a will can make this process much easier, or possibly avoid it altogether. However, whether a person died testate or intestate (with or without a will), probate is possible.
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An estate doesn’t always have to go to probate, though. It mostly depends on what types of assets are in the estate and the total value of those assets. Certain types of assets don’t go through probate and can be passed directly to the named beneficiary. Life insurance proceeds, bank accounts, retirement plans, and any other assets with a beneficiary designation fall into this category.
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While it’s possible that having a clear will in place can help your chances of avoiding probate, having a will does not guarantee that your estate will avoid probate. However, in the case that your estate does end up in probate, having a will can make the process of settling your estate much simpler and quicker, and with the results you intended.
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Yes. Simple (testamentary) wills, joint wills, handwritten wills, oral wills, pour-over wills, and living wills are all different types of wills. An accredited estate attorney can help you determine which type of will is right for your situation.
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Reach out to a local estate attorney in your area and set up an appointment to go over your current situation and determine next steps. They can help you make a list of your assets and help guide you through a process of making important decisions that will be included in your will. These questions will cover not only the transfer of any assets, but other important decisions like advance medical directives, power of attorney, funeral arrangements, etc. You’ll also receive guidance on assigning key roles with regard to your estate, such as your executor/executrix.
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