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"Frequently Asked Questions"



Section 11: " Frequently Asked Questions"

1. Do I really need a Last Will And Testament?
2. What do I need to know to make my Last Will And Testament?
3. Are Last Will And Testaments recorded at the Courthouse?
4. Where should I keep my Last Will And Testament?
5. Can I change my Last Will And Testament?
6. Are there certain times when I need to make a new Last Will And Testament?
7. Does my spouse sign my Last Will And Testament?
8. Can my spouse and I make a "joint" Last Will And Testament?
9. If I move to another state, do I need to make a new Last Will And Testament?

1. Do I really need a Last Will And Testament?

Probably, if you own property. While it is true that state laws will say who receives certain property regardless of what your Will says, there is still property that passes according to your Will or according to the state intestate (dying without a Will) laws. Therefore, it is a good idea to have a Will.

YES, if you have minor children. The only way you can say who will raise your child(ren) and who will take care of their property if you die, is to have a Will. Are there family members that you want to raise your child? Are there family members that you do not want to raise your child? You need to make your Will for your children's sake.

2. What do I need to know to make my Last Will And Testament?

You need to know who you want to (1) receive your property when you die, (2) handle your estate, (3) have custody of any minor children you have, and (4) take care of any property that is left to your minor children.

3. Are Last Will And Testaments recorded at the Courthouse?

Some states allow you to file your Will at the Courthouse. I do not recommend this because it could hinder your changing your Will in the future. If you feel safer by filing your Will, call the Clerk of Court or a lawyer licensed in your state to find out the procedures.

4. Where should I keep my Last Will And Testament?

Keep your Will in a place where it can be found if necessary. A good place is to keep it with your other legal papers. You may keep it in a safe deposit box, but it is not required.

5. Can I change my Last Will And Testament?

You can make a new Last Will And Testament as often as you want. Do not make written changes in your Will after you sign it. Strikeouts and written additions will void your Will. For example, if you want to name a different person to be your Executor, make a new Will.

6. Are there certain times when I need to make a new Last Will And Testament?

Yes! If you change your mind on anything in your Will, get married or divorced, or if something happens to one of the beneficiaries name in your Will.

7. Does my spouse sign my Last Will And Testament?

No.

8. Can my spouse and I make a "joint" Last Will And Testament?

Yes, but I do not think that it is a good idea. When a Will is probated, it is a permanent public record. Since your Will is the "joint" Will on public record, you may have a difficult time changing or even voiding your Will.

9. If I move to another state, do I need to make a new Last Will And Testament?

Maybe. Constitutionally, states must give credit to Wills legally created in other states. However, since state laws vary as to what is and is not covered by a Will, you may want to talk with a lawyer licensed in your new state to make sure that your property will still be distributed as you want it to be.

This ebook is for general information only and may not be applicable to your situation. Talk with a lawyer licensed in your state.

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