3 Important Things You Should Know About A Will

In today’s world it is true that you can find almost everything on the internet. Unfortunately many are relying on free forms they find on the internet to disperse their belongings after their passing. And for some, that might be sufficient. But there are numerous questions that are not being answered with the “quickie forms” online. For instance, each state is different, and it is difficult to know if the forms you are downloading online will adequately meet the requirements of your location. The reality is that most do not know the forms they have filled out are not enough until it is too late, and they are already gone. It is vitally important that you have the appropriate legal documentation completed ahead of time to ensure that your wishes are carried out and your family is provided for in your absence.

1. Wills Require Legal Formality

All 50 states have specific laws that require certain elements in a valid Will. Some of these laws are regarding things like how many witnesses are required. Each Will must have someone named to handle financial matters listed in the Will. Some states call this an Executor and others call it a Personal Representative. No matter the name, this is a state by state requirement. Without meeting all the formalities and requirements for your state, there will be challenges to what could be a simple process. Another form of legal formality that is involved with a Will is Probate Court. In essence, no matter what others know about the contents of your Will, it is not actionable until it is filed in Probate Court. There must be a petition done to file the Will and it often is accompanied by a bond. Once filed the court will review the Will to ensure everything is in order and then the one tasked with handling the legal finalities will be appointed. Once your Will has been filed it becomes a public document. After filing is completed, your Will and all paperwork associated are available by request to anyone asking to see the file.

2. Funeral Wishes Are Separate From A Will

You may have wishes you’d like carried out regarding your burial or cremation, and while those can be in your Will they are actually separate directives that should be planned with a funeral home. It is important to make those funeral arrangements and then advise your family and loved one who will be around what those arrangements are. Letting people know in advance is vitally important. Your Will focuses on money and other property and takes a backseat to the arrangements needed in the immediate time after your passing.

3. Advanced Care Directives Are Not Part Of Your Will

There is a vast difference between your Will and a “Living Will.” The Living Will is a document that covers what, if any, extraordinary life saving measures should be taken for you if you are no longer able to express your own informed consent. In addition to a Living Will, you can also have a Health Care Proxy, which is a document that names someone to make those decisions on your behalf. Like a Will, both documents must have all the legal elements spelled out in them to be valid in all 50 states.

Thinking about death and all that entails is not a commonly popular topic, but making sure your legalities are taken care of will allow your family to focus on their grief with less struggle.