Wills & Trust
Q. What is a will?
A. A will is a document that provides for the way in which a person’s probate property will be distributed upon death. To be valid, it must meet certain formal requirements as provided by the laws of the state in which you live.
Q. Who may make a will?
A. Anyone may make a will as long as you are free from improper influences (not under the influence of drugs or alcohol) and you are at least 18 years old and of sound mind.
Q. Can I change my will?
A. Yes, a will may be changed as often as the person who wrote it likes. However, changes should only be made with the assistance and advice of a lawyer to ensure changes are legally valid and will not adversely affect other portions of the will.
Q. How long does a will last?
A. A will remains in effect forever as long as it is not revoked. You can revoke your will by executing a new will or codicil replacing your old will, or if you destroy it with the intent of revoking it.
Q. Does a will increase the expenses of settling or probating my estate?
A. No. It costs no more to administer your estate if you leave a will than if you have no will. Many times it may actually cost less.
Q. How large an estate is necessary to justify a will?
A. Any person who owns real or personal property should have a will. A will provides for the way that your property will be distributed upon death, regardless of size and value.
Q. What happens if I do not make a will?
A. If you die without a will, your property will be distributed to your nearest family members according to a formula fixed by state law. In other words, if you do not make a will, you do not have any say about how your property will be distributed.