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Legacy Legal Services

12/10/2024

𝗪𝗛𝗢𝗠 𝗦𝗛𝗢𝗨𝗟𝗗 𝗜 𝗖𝗛𝗢𝗢𝗦𝗘 𝗔𝗦 𝗠𝗬 𝗘𝗫𝗘𝗖𝗨𝗧𝗢𝗥?

You should appoint as your executor someone you trust and who is capable of serving. Common choices for executors are spouses, siblings, adult children, or close friends. However, you should keep in mind that people close to you may be grieving, so you should appoint someone whom you can trust to handle your matters during a difficult time. You may not name a minor or a person who has been convicted of a felony to serve as executor of your will. Some states may have additional limitations or requirements if you choose someone who is out of state to serve as your executor. Typically, your attorney will suggest that you name an alternate person to serve as executor in the event that the first person you name is unable or unwilling to serve.

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12/09/2024

𝗪𝗛𝗔𝗧 𝗜𝗦 𝗔𝗡 𝗘𝗫𝗘𝗖𝗨𝗧𝗢𝗥, 𝗔𝗡𝗗 𝗪𝗛𝗔𝗧 𝗗𝗢𝗘𝗦 𝗛𝗘 𝗢𝗥 𝗦𝗛𝗘 𝗗𝗢?

An executor is the person you choose in your will to handle the administration of your estate. An executor is sometimes referred to as a personal representative. His or her job is to carry out your wishes as specified in your will. An executor’s responsibilities include processing the will through probate and distributing the assets of your will to your designated beneficiaries. Specifically, this may entail such responsibilities as making burial or funeral arrangements; paying debts and taxes owed by your estate; inventorying, gathering, and liquidating assets; and even
temporarily running a business.

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12/06/2024

𝗪𝗛𝗔𝗧 𝗣𝗥𝗢𝗣𝗘𝗥𝗧𝗬 𝗣𝗔𝗦𝗦𝗘𝗦 𝗨𝗡𝗗𝗘𝗥 𝗔 𝗪𝗜𝗟𝗟 𝗔𝗡𝗗 𝗪𝗛𝗔𝗧 𝗣𝗥𝗢𝗣𝗘𝗥𝗧𝗬 𝗗𝗢𝗘𝗦 𝗡𝗢𝗧?

Any property or assets that are titled in your name may pass under your will. Also, property that is titled in your name and with another person as “tenants in common” will pass under your will. Tenants in common is a type of ownership that allows each person to leave his or her ownership interest to specified beneficiaries in his or her will, as opposed to the other co-owner. Assets that cannot be conveyed to others through a will are assets that “pass over” or “pass outside” of your will.

Some examples of these types of assets are:

• Property owned as joint tenants (this property passes directly to the surviving co-owner and can include real estate, vehicles, and bank accounts)
• Life insurance proceeds; retirement accounts, pension plans or IRA proceeds; some banking and investment
accounts (these assets pass in accordance with beneficiary designations )
• Any assets placed in a living trust (these assets pass under the terms of the trust)
• Personal property items of small value (typically these are divided in accordance with a personal property memorandum attached to your will or by agreement among your survivors or in accordance with your wishes as stated during your life).

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12/05/2024

𝗪𝗛𝗢𝗠 𝗦𝗛𝗢𝗨𝗟𝗗 𝗜 𝗖𝗛𝗢𝗢𝗦𝗘 𝗔𝗦 𝗚𝗨𝗔𝗥𝗗𝗜𝗔𝗡 𝗙𝗢𝗥 𝗠𝗬 𝗖𝗛𝗜𝗟𝗗𝗥𝗘𝗡?

𝗖𝗵𝗼𝗼𝘀𝗶𝗻𝗴 𝗮 𝗴𝘂𝗮𝗿𝗱𝗶𝗮𝗻 𝗳𝗼𝗿 𝘆𝗼𝘂𝗿 𝗰𝗵𝗶𝗹𝗱𝗿𝗲𝗻 𝗶𝘀 𝗼𝗻𝗲 𝗼𝗳 𝘁𝗵𝗲 𝗺𝗼𝘀𝘁 𝗱𝗶𝗳𝗳𝗶𝗰𝘂𝗹𝘁 𝗱𝗲𝗰𝗶𝘀𝗶𝗼𝗻𝘀 𝗮 𝗽𝗲𝗿𝘀𝗼𝗻 𝗻𝗲𝗲𝗱𝘀 𝘁𝗼 𝗺𝗮𝗸𝗲 𝘄𝗵𝗲𝗻 𝗽𝗿𝗲𝗽𝗮𝗿𝗶𝗻𝗴 𝗲𝘀𝘁𝗮𝘁𝗲 𝗽𝗹𝗮𝗻𝗻𝗶𝗻𝗴 𝗱𝗼𝗰𝘂𝗺𝗲𝗻𝘁𝘀. Two types of guardianships exist: guardian of the person, and guardian of the estate. The guardian of the estate is the individual named to manage the money or assets of the child, while the guardian of the person is the individual who steps in to serve as the child’s parent if the parents are no longer living or able to do so. One person can serve in both roles or you can name a different person for each. You should choose people who share similar values, parenting styles, and goals to you. Also, you may want to consider choosing someone who is young enough and/or physically capable of carrying out your wishes and able to serve as guardian until your minor children reach adulthood.

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12/04/2024

𝗗𝗢 𝗜 𝗛𝗔𝗩𝗘 𝗧𝗢 𝗛𝗔𝗩𝗘 𝗔 𝗖𝗘𝗥𝗧𝗔𝗜𝗡 𝗔𝗠𝗢𝗨𝗡𝗧 𝗜𝗡 𝗔𝗦𝗦𝗘𝗧𝗦 𝗧𝗢 𝗠𝗔𝗞𝗘 𝗔 𝗪𝗜𝗟𝗟?

No. Anyone can make a will (so long as they are of legal age and mentally competent.) The size of a person’s estate is not a factor in who is eligible to make a will.

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12/03/2024

𝗪𝗛𝗢 𝗖𝗔𝗡 𝗠𝗔𝗞𝗘 𝗔 𝗪𝗜𝗟𝗟?

Any individual can make a will so long as he or she is of legal age (in
most states 18 years of age) and is mentally competent. In other words, a person needs to know and understand that he or she is executing a will and making provisions to distribute his or her property to designated beneficiaries after his or her death.

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12/02/2024

𝗪𝗛𝗔𝗧 𝗔𝗥𝗘 𝗧𝗛𝗘 𝗥𝗘𝗤𝗨𝗜𝗥𝗘𝗠𝗘𝗡𝗧𝗦 𝗙𝗢𝗥 𝗔 𝗟𝗘𝗚𝗔𝗟 𝗪𝗜𝗟𝗟?

𝗘𝗮𝗰𝗵 𝘀𝘁𝗮𝘁𝗲 𝗵𝗮𝘀 𝗶𝘁𝘀 𝗼𝘄𝗻 𝘀𝘁𝗮𝘁𝘂𝘁𝗲 𝗼𝘂𝘁𝗹𝗶𝗻𝗶𝗻𝗴 𝘄𝗵𝗮𝘁 𝗶𝘀 𝗻𝗲𝗲𝗱𝗲𝗱 𝗳𝗼𝗿 𝗮 𝗹𝗲𝗴𝗮𝗹 𝘄𝗶𝗹𝗹. However, in general a will is considered valid, regardless if it is a handwritten or computer generated document, so long as the following conditions are met:
1. The individual writing the will is of legal age;
2. The individual is of a sound mind, or has testamentary capacity. Essentially this means that a person understands that he or she is making a will and further understands the nature and extent of his or her estate and that he or she is disposing his or her assets upon death;
3. The individual’s intention is to make a will to dispose of his or her property;
4. The individual voluntarily signed the will, and was not under duress to do so;
5. The will properly disposed of the individual’s property; and
6. The will was signed, and dated in front of two disinterested witnesses. A disinterested witness is not listed in the
will as a beneficiary. The witnesses also need to sign the will.

12/01/2024

𝗪𝗛𝗔𝗧 𝗜𝗦 𝗧𝗛𝗘 𝗗𝗜𝗙𝗙𝗘𝗥𝗘𝗡𝗖𝗘 𝗕𝗘𝗧𝗪𝗘𝗘𝗡 𝗔 𝗪𝗜𝗟𝗟 𝗔𝗡𝗗 𝗔 𝗟𝗜𝗩𝗜𝗡𝗚 𝗪𝗜𝗟𝗟?

A will is a document that allows individuals to specify how they would like their estate to be handled after their death. A living will, on the other hand, is a document that allows individuals to state their wishes pertaining to medical treatment if they are no longer able to make those decisions themselves.

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11/30/2024

𝗖𝗔𝗡 𝗜 𝗠𝗔𝗞𝗘 𝗔 𝗛𝗔𝗡𝗗𝗪𝗥𝗜𝗧𝗧𝗘𝗡 𝗪𝗜𝗟𝗟?

𝗧𝗵𝗲 𝘀𝗵𝗼𝗿𝘁 𝗮𝗻𝘀𝘄𝗲𝗿 𝘁𝗼 𝘁𝗵𝗶𝘀 𝗾𝘂𝗲𝘀𝘁𝗶𝗼𝗻 𝗶𝘀, 𝘆𝗲𝘀. Each state has different requirements pertaining to what is considered to be a valid will. So long as the requirements are met, a will will be considered valid even if it is handwritten. However, the safer practice is to have your attorney prepare a printed will that is then executed according to you state’s requirements. You can be sure that a professionally drafted will disposes of your property in the way you intended and that it will be accepted by a probate court. A handwritten will may be more vulnerable to challenges.

11/30/2024

𝗪𝗛𝗬 𝗗𝗢 𝗜 𝗡𝗘𝗘𝗗 𝗔 𝗪𝗜𝗟𝗟?

𝗘𝘃𝗲𝗿𝘆 𝗮𝗱𝘂𝗹𝘁 𝘀𝗵𝗼𝘂𝗹𝗱 𝗵𝗮𝘃𝗲 𝗮 𝘄𝗶𝗹𝗹 𝗿𝗲𝗴𝗮𝗿𝗱𝗹𝗲𝘀𝘀 𝗼𝗳 𝗵𝗶𝘀 𝗼𝗿 𝗵𝗲𝗿 𝗳𝗶𝗻𝗮𝗻𝗰𝗶𝗮𝗹 𝗻𝗲𝘁 𝘄𝗼𝗿𝘁𝗵. If you die without a will, your property will be distributed according to the intestate laws of your state. Your property will be disbursed to your heirs and family members pursuant to the rules outlined in a statute, which may not necessarily be what you had intended. Thus, having a will ensures that your personal assets and belongings will go to family members, individuals, or charitable
organizations you specifically designate to receive your property. Furthermore, if you have minor children, your will can include provisions to address who will care for and become the legal guardian of your children after your death.

11/30/2024

𝗪𝗛𝗔𝗧 𝗔𝗥𝗘 𝗧𝗛𝗘 𝗥𝗘𝗤𝗨𝗜𝗥𝗘𝗠𝗘𝗡𝗧𝗦 𝗙𝗢𝗥 𝗔 𝗟𝗘𝗚𝗔𝗟 𝗪𝗜𝗟𝗟?

Each state has its own statute outlining what is needed for a legal will. However, in general a will is considered valid, regardless if it is a handwritten or computer generated document, so long as the following conditions are met:
1. The individual writing the will is of legal age;
2. The individual is of a sound mind, or has testamentary capacity. Essentially this means that a person understands
that he or she is making a will and further understands the nature and extent of his or her estate and that he or
she is disposing his or her assets upon death;
3. The individual’s intention is to make a will to dispose of his or her property;
4. The individual voluntarily signed the will, and was not under duress to do so;
5. The will properly disposed of the individual’s property; and
6. The will was signed, and dated in front of two disinterested witnesses. A disinterested witness is not listed in the
will as a beneficiary. The witnesses also need to sign the will.

11/29/2024

𝗧𝗛𝗘 𝗗𝗔𝗡𝗚𝗘𝗥𝗦 𝗢𝗙 𝗗𝗥𝗔𝗙𝗧𝗜𝗡𝗚 𝗬𝗢𝗨𝗥 𝗢𝗪𝗡 𝗘𝗦𝗧𝗔𝗧𝗘 𝗣𝗟𝗔𝗡

The prevalence of do-it-yourself options for drafting estate planning documents leads many people to wonder whether they can prepare their own estate plans. For all but the simplest estates, writing your own estate plan is not a good idea. These do-it-yourself forms, whether found in books or online, are generated by estate planning computer software that
is designed to cover only the most basic of estate planning needs. Even books and programs about estate planning recommend that you seek the expertise of an experienced estate planning attorney.

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