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What is a Will?
A Will is the most basic and
essential tool in estate planning. Upon your death, a properly
prepared Will can ensure that your property passes to whom
you want, in the amounts you want, and in the manner you want.
A Will also allows you to set forth your desires regarding
the care of your children and other loved ones after your
pass away.
Even if you have a small estate, a Will
is important if you wish to have any control over the administration
and distribution of your estate. If you die without a Will,
you die "intestate" and the distribution of your
estate is determined by the laws of "intestate succession."
These rules establish a hierarchy of family relationships
in which property passes to your "next of kin" as
defined by the law of the state where you reside at the time
of your death.
A Will permits you to define who will receive your property
without relying upon the intestate succession rules. A Will
also permits you to establish a trust for the benefit of your
children or other loved ones if you do not want them to receive
your property directly upon your death. A Will also allows
you to designate the person who will be in charge of the administration
of your estate when you pass away. If you have a Will, this
person or entity is called an "Executor." You can
designate a primary Executor as well as an alternate Executor
if the primary Executor cannot serve.
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