DO YOU HAVE A WILL Even non procrastinators seem to
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DO YOU HAVE A WILL?
Even nonprocrastinators seem to procrastinate when it comes
to making a Will. We all inwardly do not want to deal with the idea
of deathespecially our own.
There are many practical reasons for having a Will, especially
if you have children under the age of 18. In this case, an
important function of a Will is to designate who you want to take
care of your children and the money you leave them, if your
children are left without both parents. You can name a "guardian
of the person"the person you want to actually take care of and
raise your childrenand a "guardian of the estate"the manager of
the children's assets. One or more persons can hold both
positions, but sometimes one person might be an excellent choice to
raise your child while not good at handling moneyor vice versa.
Thus, you can name one person to take care of your children, and
another personor even a bankto handle the finances. Naming the
people you want gives you control (and helps avoid family
squabbles). If you don't designate guardians for your minor
children, the determination of who will raise your children and
handle their finances is ultimately in the Court's hands.
The Executor is your "can do" person. It often takes more
work than one imagines to handle a deceased person's affairs. The
Executor is responsible for gathering your assets, liquidating them
if necessary, selling real estate, paying taxes, and ensuring that
distributions to people named in your Will are completed.
Perhaps a Will's most important function is to direct who will
receive your assets after your death. If someone dies without a
Will, who receives what is determined by statutes passed by the
legislature, commonly called the "laws of intestacy". You should
know who would receive your assets by law, and if that is contrary
to your wishes, you need a Will to alter the application of those
laws to your situation.
While it may be uncomfortable to do so, you can "disinherit"
someone in a Will, such as a child or a sibling, with one notable
exceptionin Pennsylvania, you cannot disinherit your spouse.
While you can certainly attempt via Will to disinherit your spouse
by directing that your assets be given to others, in Pennsylvania
the surviving spouse has a right to claim property jointly held
with the spouse plus onethird (1/3) of the deceased spouse's
estate.
Most people leave their property to their spouse, then to
children or grandchildren. Assets can be willed to charities,
churches or friends. In your Will, you can also leave specific
items, such as vehicles, jewelry or real estate to people.
Is a Will always needed? If one spouse dies and the other
survives, and all assets were jointly titled to the spouses or
payable by contract (such as via life insurance) to the surviving
spouse, there is generally no need to "probate" the deceased
spouse's Will with the Register of Wills. However, exceptions and
glitches do occur, so never destroy a deceased person's Will.
When a Will is prepared, it must be signed by the person
who makes the Will, and it should be dated and witnessed by 2
people. Merely naming someone as Executor in a Will does not
permit that person to carry out your wishes. After a death, the
Will is presented for probate to the Register of Wills and the
Executor must be sworn in. The witnesses must be sworn in and
identify the deceased person's signature. A more favorable
practice is to have an Affidavit attached to the Will, providing
notarization of the signatures of the person making the Will and
the witnesses. This "selfproving" affidavit means the witnesses
don't need to identify the signature when the Will is probated, and
only the Executor must be sworn.
It is wise to state in your Will that the Executor does not
have to post bond. The "bond" is a surety bond which quite simply
guarantees the Executor won't take the assets and leave the State
for the Caribbean, never to be seen again! The cost of a surety
bond can be quite expensive, depending on the estate's value. (In
some cases, people don't trust the person(s) they select as
Executor, however, and actually want a bond posted to prevent in
fighting and/or stealing).
Remember, if you die without a Will, your property passes by
intestacy, or the State's way. If it's your Will, its done your
way.
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