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Last Will and Testament

Definition from Black’s Law Dictionary Eighth Edition:

Last will: The most recent will of a deceased; the instrument ultimately fixing the disposition of real and personal property at the testator’s death. – Also termed last will and testament.

Will my assets have to go through Probate before my heirs can take possession of them?

Yes, if upon your death you own personal property worth more than $50,000 or you own real property worth more than $75,000.

What is Probate?

Probate is a court preceding that takes 4-6 months before distribution of assets can occur and 18 to 24 months to be completed. The court will supervise the distribution of your assets to your heirs.

How do I avoid Probate?

One way is to create a Revocable Living Trust. Click here to go to our Trust Page.

Another way is to use “pay on death” forms for bank accounts and Beneficiary Deeds for real estate. These forms are designed to transfer ownership upon your death “by operation of law” which means they avoid probate.

What is a Personal Representative?

A Personal Representative is a person that you name in your Last Will and Testament to handle your affairs and distribute your assets upon your death. If a Probate is necessary then your Personal Representative will file an Application for Probate, either formal or informal depending upon the circumstances. The Probate process usually requires the assistance of an attorney or certified paralegal.

I have minor children, can my Last Will and Testament nominate a Guardian and Conservator for my Children?

Yes, a Guardian is a person who you nominate to care for your children in the event of your death. A Conservator is a person who you nominate to handle the financial affairs of your children, in the event of your death. One person may serve in both capacities.

What is a Testamentary Trust?

If you have minor children and you would like their inheritance to be held in trust until they reach a certain age determined by you, then a trust can be created in your Last Will and Testament that becomes effective immediately upon your death.