Estate Planning Resources

Will Formalities

The body of a will is where is where the testator directs the disposition of his or her estate. This article discusses the clauses before the body of the will and the clauses and signature lines after the body of the will, that are necessary to comply with the customs and requirements--the formalities--for the making of a will.

Disposing Dead Bodies

The dead bodies of human beings are not property. The dead bodies of human beings are not disposed of by a state's statute of descent and distribution. If a person does not leave directions in a will or other document for the disposition of his or her dead body, his or her dead body is usually disposed of as provided by local custom.

Revocable Living Trust

In many jurisdictions, trusts cannot be revoked unless the trustor expressly retains the right to revoke. Revocable living trusts allow a trustor to manage his assets, to plan for his incapacity, and to avoid probate.

Inheritance Without Planning Means No Person Is In Control

When a person dies intestate (without making and leaving a will), each state provides a default plan (usually known as the statute of descent and distribution) under which his or her net estate is disposed. Under the default plan, no person is put in control of the disposition. The disposition must go according to the defaul plan. This article discusses the disadvantages of descent and distribution related to that inability to have a person put in control of the disposition.

Letters of Instruction

Your will should not mention each one of your possessions because their value and nature change as time goes on. Revising your will upon every change would be both inconvenient and costly. Instead, your will should use general language in addressing the disposal of your possessions. However, it is important that you keep an updated record of all your possessions in order to assist your survivors.

LexisNexis Martindale-Hubbel

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