Reading A Last Will And Testament

Free General Power Of Attorney Form - Reading A Last Will And Testament

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The simplest way to see that your wealth and personal belongings are distributed according to your wishes is to prepare a will. A will is an prominent document and the law is definite about all its details. This is because the Testator is no longer alive to claim his wishes while implementing a will.

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Free General Power Of Attorney Form

Usually wills can be ready by individuals over the age of 18 who are of sound mind and judgment. The will must name an executor, or else the state will appoint man else as the probate proceedings start. A parent must name a guardian for minor children to avoid state intervention. The testator must also determined pick his beneficiaries, clearly indicating their names in the will.

After the demise of a person, proceedings start to execute his will and distribute his wealth and assets. A policy that has been popularized and immortalized by movies and strangeness novels is that of 'reading of a will'.

In books and movies, after a person's death, his house solemnly gathers in the lawyer's office. The will is then read out to them by the lawyer in an climate of great suspense, tension and simmering discontent.

But this scene is far from reality and just an element of fiction. The realty is that there is no legal requirement for such an lawful reading-out function after the death of the testator. In fact, lawyers will sometimes send copies of the will to the heirs.

The only legal requirement is that the will must be filed with the County Clerk's office, in the county where the deceased lived. After the will is filed, it becomes a public document and can be viewed by whatever who goes to this office.

If the probate is held, the will becomes part of the probate file. If not, it is kept as a cut off file. There is no such thing as an lawful "reading" of a trust. Nevertheless, if the trust has come to be irrevocable due to death, the successor trustee is required to notify the beneficiaries and heirs about the demise so that they can request copies of the trust and its amendments.

In the legal world, there is no need to read the will aloud to anyone. However the attorney must be consulted before anybody wants to do whatever with the deceased person's assets. The will might need to be probated, implying that a court will supervise the variety of assets, cost of bills and taxes and distribution of wealth to the heirs.

In California, if the will is not probated, the man inheriting the assets will be personally liable to the creditors, the Irs and the State.

So next time you watch a suspenseful occasion in a strangeness movie with a conference for the reading of a will, just remember that it is just a piece of fiction!

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