Wednesday, 23 October 2013
Last Will and Testament
Estate Planning Forms Revocable Living Trust Trust Agreement Living Will
"We are impressed with the competency, ease and efficiency of LastTestament Will.com We used it for last will and testament planning for a few of our clients already" Bowers & Szulc LLP
Input your information in the last will and testament template and delete any remaining blank lines.
Provide at least nominal gifts to all your children. If you don’t leave them anything, a judge may determine at a later date that you forgot to do so, should one of them challenge your Will. Even a gift of $1 to the child you "omit" will suffice. It is not recommended that you leave a nominal gift to your spouse using this will. In general, states require that the surviving spouse receive one-third to one-half of the deceased spouse’s estate. If you wish to leave less than half of your estate to your spouse, consult with an attorney.
After having purchased and downloaded the printable online last will and testament kit and filled out your information, review your answers carefully so that they clearly and accurately reflect your intent.
Select the appropriate witnesses. All states require two witnesses, with the exception of Vermont. However, it is strongly recommended that you have three witnesses sign your Will in the event a witness dies or moves to another state. Your spouse or children do not serve as witnesses. Your witnesses must be at least 18 years of age and should not be a beneficiary to your Will.
Select an appropriate executor and alternate executor. Ideally, these individuals should reside in the same state. Otherwise, it would be costly for your executor to travel back-and-forth to manage your estate. Some states require that out-of-state executors post a cash bond, even if you have waived this requirement in your will.
Notarizing your Will is unnecessary, unless you choose to complete a Self-Proving Affidavit simultaneous with the signing of your Will. It is strongly recommended that you complete the Self-Proving Affidavit, unless you live in the District of Columbia, Maryland, Ohio, or Vermont, where they are not permitted. (In California, all wills are considered "self-proved" once they are properly signed and executed by the testator and all witnesses. In Louisiana, signing your Will in the presence of the witnesses before a notary public is required.) A Self-Proving Affidavit will make it unnecessary for your witnesses to appear in court to affirm your Will’s validity after your death. The Affidavit can potentially save your beneficiaries and witnesses considerable inconvenience. It also gives your Will an extra layer of authentication that can help your beneficiaries avoid a long and costly probate process. (The Affidavit is found at the footer of all Wills from our site). Last Will and Testament
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