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Services / Wills
Your will can ensure that your assets are received by your closest relatives and friends in the manner that you intended. Your will can also control when those assets are received. Your will can designate an executor to manage your estate and may also reduce the costs of administering your estate. If you die without a will (intestate), the laws of the state where you reside will determine who receives your property and who administers your estate. Consequently, your assets may not be available to be used by those who need them most. In preparing your will, you should also consider whether all of your assets (including retirement accounts and life insurance policies) will be divided appropriately.
Requirements for Execution of a will
Depending on the state where the will is executed, a will must be signed at the end and witnessed. Special circumstances arise when the testator (the person executing the will) is disabled, e.g. blind, deaf, illiterate or of diminished mental capacity. These circumstances give rise to various technical requirements for proper execution. Although a presumption of proper execution arises if it is supervised by an attorney, this presumption may be overcome in certain circumstances. The testator must be competent at the time the will is executed. He or she must be generally familiar with the nature and extent of his or her assets and the members of his/her family.
Our attorneys work with each client to determine a complete list of assets including, but not limited to, real/personal property, business interests, partnerships as well as current and future holdings, distributions and entitlements. We then work with our clients to determine their desires regarding distribution of assets, the necessity of trusts and the appointment of executors of the estate and guardians for minors. Each client is guided and advised regarding distributions and the effects of Estate, Federal, and State taxation as they relate to proposed distributions.
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