What Can You Do in Your Will?

  1. Probate
  2. What Can You Do in Your Will?

Maybe you’re wondering why having a Last Will and Testament (“Will”) is so important. Perhaps you think that it’s not really such a big deal.

After all, what exactly can you do in your Will?

The answer is, you can do some extremely important things.

You Can Determine Who Your Beneficiaries Will Be

If you are over 18 and own property of any kind —furniture, digital assets, real estate, etc. — having a Will is critical.

Why?

Because a Will allows you to decide who will get your property when you die.

If you die without a Will, the state decides who gets your property.

Although your Will still needs to be probated of course, having a Will avoids the significant cost involved in having your estate go through probate.

Probate is the legal process employed to distribute the property of a decedent.

If you have a valid Will at the time of your death, the terms of your Will decide how your property will be distributed. If you don’t have a valid Will when you die, then the probate judge will divide up your money and property according to law.

When you have a valid Will, the terms of your Will decide how your estate will be distributed.

When you die without at Will, it is up to the probate judge to apply the state law (i.e., the intestacy laws) to give your money and property away. If you don’t have a Will at the time of your death, it does not matter what you wanted or which of your loved ones may need taking care of. You no longer have any influence over who gets your property.

So, one very important thing you can do in your Will is dictate who gets your property; how much, and when.

You Can Appoint a Guardian for Your Minor Children

Another important thing you can do in your Will is decide who will take care of your children if you should die and they still need a caregiver.

If you are the parent of minor children, you understand that this is a major factor. If you should die before your children reach the age of 18, their legal guardian is the one who will take over your role as a parent. You want to make sure that the legal guardian of your child or children is someone who will take care of them almost as well as you would.

If you die without a Will, then the court will decide who will take care of and bring up your children.

Appoint a Personal Representative.

Yet another important thing you can do in your Will is to appoint someone to be your Personal Representative.

The role of Personal representative is a crucial one. This is the person who will manage your estate and make sure that your wishes are carried out as set forth in your Will.

And More…

The preceding examples are by no means the only things you can do in your Will. Your Last Will and Testament allows you to make any number of important decisions specifically tailored to your particular situation.

Above all, however, having a valid Will allows you to protect both your property and your family.

Protecting Your Family is Just a Phone Call Away.

Don’t leave planning for your future and that of your loved ones to chance. All it takes is one phone call to the Law Offices of Samantha J. Fitzgerald to ensure that your wishes will be followed, and your loved ones taken care of when you are gone. We expertly guide individuals through the complex probate process, and capably handle all aspects of the creation, administration, and settlement of trusts as well.  When you work with the estate planning attorneys at the Law Offices of Samantha J. Fitzgerald, you get more than just an estate plan: you get peace of mind. Call us at 954-580-3690 or email us at: [email protected] today.

 

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