LAST WILL & TESTAMENT
What is a will?
A last will & testament, more simply known as a will, specifies how you want your assets distributed. It also includes your wishes in regards to who you want as your child(ren)'s guardian and the individual you want to appoint as the executor. The executor is who is held responsible for carrying out your affairs. Creating a will ensures that your family is protected and that your affairs are in order. Instead of having your family deal with the end result, you may want to set up a last will & testament to guarantee everything is taken care of.
If you leave a last will & testament before you pass away, you are said as having died "testate." Your will is then handled through the probate court. On the contrary, dying "intestate" implies that you died without creating a will. Through intestacy laws in California, the court decides how your assets are distributed. They provide your assets to the people closest to you, with the list starting from your spouse to your children to your parents and so on. If there is no one to give your property to, the state then takes it over. In order to avoid the state from controlling your property, create a will with an AK estate planning lawyer
Require-ments for Creating
Will & Testament
In order to create a will, the will must first be drafted and finalized. Once the document is typed or printed out, you must sign it in the presence of two witnesses. These witnesses must then also sign the will. They are held responsible for witnessing one another sign the document, as well as being there when it is executed. Once this last will & testament is signed by all three parties, it becomes finalized.
*You do not need to have this document notarized. Notarization will not fulfill the witness requirement.
Not sure about whether or not you should create a last will & testament? Without a will, the court then takes full control in the distribution of your assets as well as appoints someone as the guardian of your child. Instead of letting them take over, you may want to consider creating a last will & testament. With this, you are able to maintain control and decide how your affairs are managed.
Creating a will keeps your loved ones safe and protected from any uncertainties that may occur. You can feel at ease knowing who will be responsible for your child in any event that you pass away. At AK Law, we understand that this may be an overwhelming process and we want to help guide you through it.