Wills

You have probably heard the concepts of a will, a pour-over will, and a living will. These terms are not interchangeable and each document serves a different purpose in your estate plan.

Will

A standalone will, the simplest of estate planning tools, generally just tells the probate court judge “who gets what” and appoints guardians for your minor children. Your will can also express your preferences regarding the dispositions of your remains, i.e., cremation or burial.

However, a will alone does not provide sufficient opportunities for planning and will not protect your estate from probate.

Pour-Over Will

The only way to ensure your beneficiaries will receive their inheritance without having to deal with the arduous probate process is to establish a living trust. A pour-over will is a will included in a trust-based estate plan that serves to appoint guardians for your minor children and ensure any assets not titled in the name of your trust during your lifetime will go into the trust upon your death.

Living Will

A living will, on the other hand, deals only with the issue of life support in a vegetative state. A living will directs your physicians to cease artificial life support measures if you are terminally ill with no chance of recovery.

Frequently Asked Questions

What happens if I die without a will?

When a person dies without having a will, the person's assets are probated or passed through the courts for distribution according to the laws of intestacy. In other words, the deceased person's assets will be distributed according to the laws of the state—not necessarily according to the deceased's wishes.

Will having a will avoid probate?

No. Having a will may simplify the probate proceeding since you have provided instructions regarding your executor and your beneficiaries, but a will is administered by the probate court.

Can I change my will after I signed it?

Yes, you can change the terms of your will or revoke your will altogether. There are two ways to change your will. First, you can prepare an amendment to your will (called a “codicil”) or make an entirely new will. The new will automatically revokes the prior will as a matter of law. Generally, it is recommended to make a new will. Making changes through a codicil can get burdensome because you must keep the original will and all codicils.

Is my will still valid if I move to another state?

Yes, all states are required to give full faith and credit to the laws of other states. So, if your will is valid under the laws of the state in which it was made, then it will be honored in all other states.

Can my spouse and I have just one will?

No. Each spouse needs to have a separate will , even if your wills contain reciprocal provisions.

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