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Last Will and Testament FAQ – Here is What You Need to Know

In my estate planning law practice I often get these 5 Last Will and Testament FAQ. Estate Planning can be a simple area of law but because of all of the conflicting information from many sources it is hard to know what is correct.

1. Is a Living Will the same thing as a Will?

No. This is probably the most frequently asked Last Will and Testament FAQ. A living will is a document that lists an agent to make health care decisions for you if you cannot and allows you to make health care declarations for life sustaining measures, funeral and burial wishes testament. The Will is your post death instructions for how your property should be transferred.

2. What is Probate?

Probate is a court procedure to transfer your probate eligible property to either those you list in your Will or to your heirs if you do not have a valid Will.

3. What is Probate Eligible Property?

Probate eligible property is property owned by a person at their death with no co-owners or beneficiaries.

4. If I have a Will do I avoid probate?

No, having a Will does not avoid probate, it is the road map to the probate court stating who you want to handle your affairs and who your probate eligible property should go to.

5. Can I write my own Will or do I need an attorney.

I would estimate that seventy five percent of the population in the United States can write their own Will if they know the legal requirements to make a valid Will and what content that should be include. I focus on teaching people how to do this and give them all of the language they need.

These answers to the Last Will and Testament FAQ I get most often should assist you with your estate planning.

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