Simply put, a last will & testament is a legally binding document that describes a person’s wishes concerning how their estate is to be administered after their death and also as to what authority (or beneficiaries) is going to handle the estate after their death. It is used as a tool by people who are dying, their family members and their attorneys to ensure that their last wishes are carried out. Last wills are also useful for people who want to make sure that their belongings will go to the right people when they die.
Wills differ from probate (which is a court proceeding in which a court official (like a predator) administer the deceased person’s estate) and irrevocable trusts in that the wills are legally binding, whereas probate merely tells the court that someone is willing to administer the estate, and irrevocable trusts allow anyone to challenge the will, for example if they don’t like the grantor’s choice of beneficiaries. Last wills and Testament are both different because although they are legally different, there are some very basic similarities between them. For example, while a living will describe what a person wants done with his or her property while a testament explains who should or must get it after the person dies. Furthermore, while a living will is legally valid, it doesn’t have any affect on intestacy (who gets the inheritance). Last wills are usually also not revocable and can only be changed if the people executing it sign it.
People generally use wills to state who they want to receive certain inheritances, such as inheritance from a trust, or to name a guardian for an incapacitated person. A will may also indicate whether the person wants to be buried or cremated and/or whether they want to be buried, cremated or assisted at the funeral. Another common use of a will is to appoint an estate executor, who will be responsible for the management of the person’s estate and affairs. The most important thing to remember about the will is that it is legally valid only if it is notarized.
If you are in need of a no-fault probate lawyer, then you need to have your last wills and testament in order before you proceed with estate planning. With a no-fault probate attorney, you will be able to avoid estate tax by making sure that all of your financial affairs are managed according to your last will and testament. Also, you won’t have to pay estate tax unless the state you live in has a sales tax. If you have any unpaid taxes, they will be picked up by your probate attorney.
You will want to find an attorney who charges reasonable fees for his or her services. You also will want an attorney who follows your wishes and is willing to work with you to resolve any disputes that may arise. An estate plan is the best way to make sure that the person you love receives everything they are entitled to. It is important to have a qualified and experienced attorney to help you create this plan.
Last wills and testaments have been around for a long time and they are now considered part of the law. You can get a feel for what a no-fault probate attorney will charge when you visit the website of a local law firm. Some people prefer to use attorneys who prepare their own wills, but others don’t mind using the help of an attorney. No matter what you decide, there are many things that should be taken into consideration when executing your last will and testament. It is important to make sure that everything is carried out as per the law and you will want to take this seriously.