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A last will and testament is a legally enforceable document by which the creator of the will, also known as the testator, expresses their wishes as to how their property is to be distributed after death. They also assign a person to manage the estate, also known as the personal representative,until final distribution of all of the assets is completed. Wills are very common estate planning tools in the United States. Any adult with capacity and sound mind can create a last will and testament. If written improperly, the validity of a will can be contested in court. Will and trust law is very complex, so it is very common for people to use a will lawyer to draft their last will for them to make sure it is legally binding. Often times the will lawyer also has the resources to provide notary services to ensure that the last will and testament is legally binding. A Will Lawyer Can Help You Make An Amendment To Your Will. A will only comes into effect when the testator dies. As a result, the creator of the will can make any changes they feel necessary before they die. If they want to change who should receive their assets, or change the amounts of money they wish to distribute to their beneficiaries, they can. Also, if the testator wishes to get rid of the will and create a new one, they have the right to do so. Usually, if you are changing or making an amendment to your will, it is best to consult with a will attorney first to ensure that the amendment was created properly and that it is legally binding. It’s also best to keep your will in an accessible place. Make sure the person that you named as your personal representative knows where to find it in case you die. After you pass away, your personal representative will be the one who has the responsibility of settling your estate and distributing your assets to your beneficiaries. This process will take place publicly in the probate court and it can be difficult and stressful. If your personal representative and beneficiaries need help with the probate process, as many do, they can contact a will attorney to help them through probate. Important Things To Remember About A Last Will and Testament. • A will only comes into effect after the testator’s death • A will can be changed, modified, or revoked prior to the testator’s death • A will can specify how assets should be distributed to your heirs • A personal representative should be named to settle your estate after you die • A will must go through probate court before your assets can be distributed to your heirs • A will Attorney can help your personal representative and your beneficiaries throughout the probate court process
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