WILLS

WHAT IS A WILL?

A will is a legal document with instructions for disbursing of a person's assets after death. Generally, a will can be enforced through a probate court. However, probate can typically be avoided in instances where there is a small estate (estate is worth less than $50,000), joint ownership of property with survivorship rights, beneficiary designations and transfer on death instruments, and trusts.

WILLS VS. TRUSTS

WILL

Disposition at death
Does not plan for incapacity
If no executor named, personal representative must be approved by court
Will must be "proved" in probate court
Becomes public record

REVOCABLE LIVING TRUST

Disposition during life and at death
Sets forth instructions for incapacity for trustmaker
Successor Trustee takes over at death (or incapacity) without court involvement
does not need to be "proved" in court
Remains Private

PROS & CONS OF WILLS

PROS

Determines who gets what after death
Determines how beneficiaries receive their inheritance
You can nominate an executor or personal representative
You can nominate guardians for minor children
Can generally be prepared rather quickly
Ensures that there will be court oversight

CONS

Effective upon death (no coverage for incapacity)
Generally unable to avoid probate
Becomes public during probate

WILL REQUIREMENTS

Must be 18 and of sound mind (I.e. understand the extent of one's property and their disposition)
Must be in writing
Must be signed by will-maker (we recommend that you notarize the will as well)
Must be signed by two (2) witnesses

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