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How to make a will testament

Please note: The information below is for informational purposes only and isn't to be taken as legal advice. It is not a substitute for the advice of an attorney

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  • The process of making a will testament
  • The will is filed with the probate court
  • An executor of the will is appointeed by the court
  • The maker of the will may choose to have the executor pay a bond/insurance prior to appointment
  • If all beneficiaries agree, an independant administration can be chosen to execute the will (rather than a more legally costly administration)

  • Who can make a will?
    The Uniform Probate Law states nyone who is over 18 and "sound of mind". State laws may also be applicable.

  • Does a Will need to be printed?
    To prevent recognition problems last wills must be printed. The exception are so called "holographic wills", where the material listings in the will must be hand written- again this is dependant upon state law.

    • What are the legal requirements for a will to be valid?
      • the document must be typed/printed
      • signed by the author
      • signed by two witnesses (who witnessed the other signings of the will)
        Again, state law may differ.

      • Who can act as a witness?
        Under federal law the witness must be atleast 18 and sound of mind. Many states also require, and it is recommended, that the witness is not a beneficiary of the will (to prevent conflicts of interest).

      • Does my wil need to be notarized?
        Only in Lousiana. Notarizing means the will has become legally admissible in court. If a will is not notarized, the witnesses will need to sign acclamations of the wills authenticity when it is invoked.

      • About the signature
        It is required to sign the last page of the will (unless it is the notary certificate). It is recommended, and required in Louisiana, to sign every page.

      • Key parts of the Will
      • Naming of executor
      • Payment to creditors
      • Charitable bequests
      • Specific bequests

      • What is a contingent benificiary?
        A contingent benificiary is a bequest upon some action prior to the death of the maker of the will. For example, bequesting to someone unless they have passed away - in which case the object may be bequested to another named party.

      • Federal Estate Taxes
        The federal taxes are complicated, but generally speaking in 2009 the first $3.5 million of estates are exempt from federal tax. For more information see See IRS Publication 950.