We all want to have a will but are not ready to execute it or neither take the chance of writing it. In other instances we do verbal will that have not been recorded and upon our death it is not followed. Will is your final request and instructions and upon your demise the court reads it and ensures it is followed. The probate is ensuring that the will is followed. Anyone can file the will but it is usually done by the person appointed by the decedent to carry out their last wishes. The will is just a document that has your wishes. It should not have conditions for example he gets the house only when he stops drinking, though these days people put conditions to it.
Legal Requirements of a Will
One should be of sound mind. You should be able to account for all the properties you have and understand what it means to leave it for someone.
Have a document naming all the beneficiaries and sign it.
Have two witnesses to sign it but this optional as it varies from state to state.
Works of a Will
- It names an executor therefore there is no squabbling upon your death
- Where there are children and property concerned, guardians are named.
- Provision for pets.
There are different will and probate lawyers who can help with the writing of a person last instruction and are easy to access.
Probate is filling the will of the deceased in the probate court and is usually done by the person appointed by the deceased to carry out their last wishes. In the probate court the case always run smoothly and occasionally can someone object. The reason for objection can involve forgery, the owner of the will was not of sound of mind or they were coerced. The court will check if there is evidence of the things mentioned.
What Happens Where There is no Will
The probate court will handle these affairs and appoint an administrator that can be either a surviving spouse or a child who is an adult. He will collect all the deceased property, pay off all the debts and distribute the rest. The distribution is done according to fixed legal rules unlike what the decedent would have done.
Importance of Having a Will
Will making is important as your last wishes will be executed and it reduces the time the state spends in signing an administrator. It is also according to your request and rarely objected unless it can be justified. The lawyers are there to help you write and upon demise they file it in court.
It is important to have will and probate lawyers to take care of all matters regarding it. This will also be very helpful for families willing to share properties and assets among its members. With the help of such lawyers, partition or sharing will be done easily among members of the family. Find the best will and probate lawyer for your needs in your region.