Wills â What Are They and Why Do I Need One?

Many ask why Will is important. A will is important because, especially when minor children are involved, it is important to leave instructions behind so that there will be no confusion as to what, where and how you would like your estate to be managed. A will provides directions for the care of minor children. Without a will in place, minor children can be placed anywhere the state sees fit and this may not include the parents choice.

Distribution of property is also addressed in a will. Even if the property is not very valuable it still needs to be distributed after a death. It is important to recognize that if there is not a legal form in place directing the distribution of the property it will go into probate through the court system, and executor will have to be assigned and it may take years literally before anything is determined as to the who what and where of the property. A will should designate the executor of the property. This document will provide direction and remove any guess work, it will save the family members the stress of trying to guess what the decedent would want.

Is an Oral Will Enough? An oral will is not enough. A will should be drawn up using a properly formatted legal form, it should be witnessed and notarized to insure that it can stand up to the scrutiny in court should it be questioned. It is also important when filling out the form for your will that it will be legally binding if something should happen and the form should be viewed as such. Just telling someone what should be done upon your death is not sufficient.

There are forms that are available to create a will. These legal forms can be found on the internet at various sites or they can be purchased in any office supply or stationary store. Following the directions for filling these forms out are very important, local rules may apply so being well versed in local requirements is important. A will can be a handwritten document that has been witnessed but for legal durability it is best to use one of the legal forms that are available this will make the will more durable if it should be questioned.

Using an attorney to draw up a will is a good idea if there are a lot of assets that need to be distributed or if the estate is large. An attorney will use the legal forms that are required to draw up a will and the probability that an attorney drawn will is probably a lot more durable than one produced without the aid of an attorney is pretty high.