Are you thinking about writing a will? Writing a will is the best way to protect your family and your assets. But what makes a will legally valid?
Less than half of US adults have a will that describes how they would like their estate to be managed after their death. Without a will, it can be unclear who will inherit your possessions. A will can also protect your partner if you are unmarried.
Would you like to learn more about writing a will? Read on to learn how to make a will legal.
How To Make A Will Legal
For a will to be valid it must adhere to the laws set out by the state. It is worth checking with your local authority what their requirements are for a will to be valid. If you do not fulfill the state’s requirements then a local probate court will decide how to distribute your estate.
Before you start writing a will you should determine the value of your estate. This can include investments, property, and personal items. Valuing an estate can take several months or longer if there are lots of items.
You should also appoint an executor of your will. The executor of a will is in charge of handling your estate and will supervise the distribution of assets once you are gone. Click here to learn more about being an executor of a will.
Laws and regulations vary from state to state so you should familiarize yourself with them before you get started. If you are wondering how to make a will legally binding then here is what you need to know.
You Must Be Of Sound Mind
You must be over the age of 18 and of sound mind to write a will. This means that you understand what you are writing in your will. You should also be aware of the property you own and the relationship you have with the beneficiaries.
You can suffer from a mental illness and still be considered to have testamentary capacity. The testator’s mental capacity can be proven with medical records should anyone wish to contest the will.
You may also choose to write a living will. This will provide instructions for your care if you lose the ability to communicate. A living will allows you to refuse treatment or resuscitation even if it leads to your death.
Signed And Witnessed Document
Your will must be signed by you (the testator) unless you instruct someone to sign it for you. You must also have two witnesses present while you sign the will. They will also sign the will to confirm that the testator was mentally capable and aware.
Get Your Will Notarized
A will does not need to be notarized to be valid. However, it can prove the legitimacy of the will if it is questioned. The easiest way to get a will notarized is to add a self-proving affidavit.
You can get your affidavit notarized by a lawyer or a notary public in your area.
Write Your Will Today
If you are wondering how to make a will legal, then following the steps in our guide will help. Make sure you are clear on the laws and regulations in your state. Contact your local authority if you are unsure about whether your will is legal and valid.
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