Will

Will

    Every person needs a Will.  Every person has assets, a Will sets out how a persons assets are to be distributed.  If he/she does not have a Will, the state law will determine who his/her heirs are and how to distribute his/her assets.  The purpose of a Will is to set out a persons wishes and how his/her assets are to be distributed.

    If a person has a Will, at his/her death, the executor files the Will for probate and after a hearing the Will is admitted to probate, the executor settles the estate, and distributes the assets according to the Will.

    Settling the estate of a person who has a Will is much simpler than settling the estate of a person without a Will.  Assets could be tied up for a long period of time without a Will. 

    A husband and wife need separate Wills.  They have a community estate but they are separate persons with individual assets and different needs.  To release the estate from the person who has passed away to the living spouse or heirs the Will must be probated or it will cause problems for the estate when the remaining spouse passes away.

    A person needs to decide before making a Will, how he/she wants his/her assets to be distributed “ the person needs a second choice in the event that the beneficiary pre-deceases the testator (the person making the Will). 

    The Will can leave a life estate to the spouse and the remainder to the children.

    A testator can set up a trust in a Will to provide a income for spouse, child or grandchild.  The trustee can be different or the same person as the executor or the executrix.

    The Will can be contested but the contesting person must prove the Will was made under undue influence or that the testator lacked mental capacity.  After the Will is admitted to probate it is the contesting party(s) burden of proof that the testator lacked mental capacity or executed the Will under undue influence.

    The Will is signed at this office before witnesses and a notary by the testator.