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Your will is the keystone
of your estate plan. It
spells out how your
assets will be distributed
and how your
dependents will be cared
for after you die.
If a will is properly
prepared, witnessed,
and signed, it ensures
that your wishes
regarding these
matters will be carried
out.
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. Be
.
aware that your surviving
spouse has a legal right
to inherit a portion of
your property. Normally,
you cannot do away with
this right in your will.
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If you establish what is
called a "testamentary
trust," your assets will
automatically be
distributed to the people
you specify. Otherwise,
your property will be
distributed under the
supervision of a Probate
Court.
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Your name and place of
residence
A brief description of your
assets
Names of spouse, children
and other beneficiaries,
such as charities or friends
Alternate beneficiaries, in
the event a beneficiary dies
before you do
%
Specific gifts, such as an
auto or residence
Establishment of trusts,
if desired
Cancellation of debts
owed to you, if desired
Name of an executor to
manage the estate
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Name of a guardian for
minor children
Name of an alternative
guardian, in the event
your first choice is
unable or unwilling to act
Your signature
Witnesses' signatures
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This trust specifies the
age at which the child
will receive his or her
inheritance.
It also appoints a trustee
to manage that
inheritance until the child
takes possession.
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The executor will
manage and settle your
probate estate according
to your instructions.
Make certain the person
you choose as your
executor is both willing
and able to serve.
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p.
It is sometimes wise to
designate two executors
who can work together to
settle your affairs. One
executor could be an
individual, like a family
member or close friend.
The other could be a bank
or an attorney with legal
and financial expertise, or
the Conference Trust
officer.
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If you die without a will
(called "intestate") the
Probate Court will
appoint an administrator
to oversee and manage
your estate.
The administrator's
duties can include
distributing your assets
and naming guardians
for your children.
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Be aware that the
administrator is
guided by local laws,
not your wishes,
when he or she makes
decisions about your
estate.
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2
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The court may require
that the administrator be
bonded to ensure that he
or she properly performs
the required duties. Your
estate will pay the
bonding fee, the
administrator's fees, and
other legal fees.
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3
Don't be tempted to write
your own will. To be valid, a
will must comply strictly
with your state law. That law
might require that a will
contain specific language, be
signed in a particular way,
and have a certain number
of witnesses.
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Only about half the
states recognize
"homemade" wills. Even
in these states, your
homemade will may not
stand up in court if it
contains language that
could be easily
misunderstood.
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If a disgruntled family
member attacks your
homemade will in court,
he or she could have the
entire document declared
invalid.
If this happens, the state
would distribute your
property as if you did not
have a will.
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A revocable living trust
can be an excellent tool
for solving a number of
issues confronting
individuals and families
today,
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including the avoidance
of probate, the
management of property
during incapacity,
5
the protection of
property for beneficiaries
who can·t handle money
on their own, protection
from disgruntled heirs,
6 +
the elimination or
minimization of federal
estate taxes and state
death taxes, and the
assurance that personal
affairs will remain
private.
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