Elder Law - Wills
- A Will is a document that becomes effective only upon the death of the testator, the person who executes or signs the will.
- The primary purpose of the Will is to set forth how the decedent's estate is to be distributed and identifies the individuals or institutions who are to receive part or all of the decedent's estate.
- The Will also should nominate someone to serve as the "Personal Representative" and who is in charge of the decedent's estate.
- Everyone needs a Will. Even those with a Trust need a Will. Unlike a Trust, a Will is not operative or effective until you die.
- A Will can be simple or complex. However, a Will is no good if it is not written well or if it doesn't conform to the statutory requirements for a Will.
- It is generally best to consult an experienced attorney to draft your Will to make sure that your wishes are properly carried out after you die and can no longer control your estate.
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