Last Will and Testament
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How It Works
What is a Will
Reasons to Have a Will
A will, sometimes called a last will and testament, is a legal document that sets forth your final wishes regarding property distribution and care of any of your minors. If a will is created properly, then that will is read by a county court after the occurrence of your death and the court sees to it that your final wishes are fulfilled.
Having a Will is never a bad idea, especially if you have minor children. A Will will let you provide for their care. Creating a will also minimizes tensions among survivors. It also allows you to decide who your property and any assets or investments you have goes to and ensures a smooth transition of those assets to whomever they are given to.
Result of Not Having a Will
Living Trust
If one dies and does not have a Will written, then it is called dying in intestacy. When this is the case, the distribution of your assets is decided by the state. Generally half of your assets will go to your spouse and the other half to your children; however, that is not always the case. Often this can result in conflict and difficulties within a family and therefore we recommend creating a will.
In certain situations, it is more efficient to have a living trust rather than a will and testament. Whether or not a living trust is more efficient depends on the size of your estate and its location. Creating a living trust is more work than a will and testament, but it can save you the time and money of a probate proceeding.
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