Wills and Inheritance

Nothing is certain in life but death and taxes. As people grow older, they begin to setup wills, which state their preference as to how their estate will be handled once they pass away. When a will is established, the process of transferring property and money to loved ones from the deceased happens quickly and helps the family avoid the burden of taxes. Experts estimate that close to 70 percent of Americans do not have wills setup in their name in the event of their death. Wills are the easiest way to make sure that your family members receive their proper inheritance upon your death.

Requirements for a Will

The most important requirement for creating a will is that the person must be an adult of sound mind. This means that the creator must be able to understand the full meaning of the document and what it does. A will must be written, preferably typed, and must be signed by the testator unless he or she cannot do so. If the testator cannot sign his or her own will then the testator must direct another person to sign the will in the presence of another person. The signature of the appointed person must be notarized. Changes can be made to a will via an amendment. A will can be revoked when another valid will is written, replacing the previous will.

Legal Issues

One of the most common legal issues to arise from a will is a will contest. A will contest is defined as a formal objection rose against the validity of a will. The contest of a will is based on the contention that the will does not reflect the actual intent of the testator. The majority of will contests focus on the idea that the testator lacked the sound mind to create their own will, created the will under an insane delusion, was subject to undue influence or was subject to fraud.

Obtaining Legal Help

If you or a loved one is considering creating a will to put their property and finances in order, contact a will and inheritance attorney immediately for expert legal counsel regarding your situation. An attorney will help you write the will, determine which family members and friends to include in the will, how much property, or money to distribute to each benefactor and other terms of the will. The attorney will also have your signature notarized and signed in front of a witness. The attorney can also help you amend your will or help you create a completely new will.