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 Wills and Probate

A will controls the disposition of your probate property at death. A will has no effect on the disposition of any assets that you own jointly with someone else or which have valid beneficiary designations. This bears repeating: If the beneficiary listed on your life insurance policy is Mom but your will leaves your entire estate to Sister, Mom will receive the life insurance proceeds.

Every family is unique. You should consider your own personal situation, including the composition of your family, your intended beneficiaries, and special circumstances such as dependent parents, a disabled or minor child, or a wealthy child.

When a person dies, his or her will is normally taken to the local state court and the process of probate begins. Probate normally occurs where the decedent was domiciled. For a service member, this is normally not the same thing as home of record. As a will is probated where the person is domiciled, it should be written to be in compliance with the local laws. The general rule is that if a will was valid in the individual's domicile when the will was executed, it is valid everywhere, even after the individual changes his or her domicile.

Don't Mark on Your Will
You should never make any marks or notations of any kind on either the original or a copy of a will. A will is a legal document that can be revoked by markings on it. Markings or notations almost guarantee expensive court proceedings to determine your intent—and the court may not decide your intent correctly.

You cannot make valid changes to a will by merely striking out words, adding words, and initialing the changes. In fact, if you attempt to do so, you might revoke the entire will. In many states, a will can be revoked only by burning or tearing the original will or making marks on the words of the will.

A will is not the best place to record your wishes regarding funeral or other memorial plans. Most often a will is read sometime after the deceased person has been buried. Make your funeral wishes known to the people who will be carrying them out. Write them out and leave them with more than one person involved in planning your funeral.

Durable Power Of Attorney
Having a durable power of attorney gives you the power to choose someone else to manage your property if you become incapacitated before you die. More information.

Living Will
A will is effective only when you die. You'll need someone to manage your property if you are can't. More information.

Medical Directive
If you become incapacitated, you will want to name the person who will direct your medical care if you cannot speak for yourself. If no one has a medical directive, someone you wouldn't choose yourself may become your guardian. More information.

Trust Plan
You will want to provide for your immediate family, perhaps others. Many families have individuals with special needs whom you may want to help. That might be your elderly grandparents who have little money, or it might be a nephew or child who is disabled. More information.

Guardianship
The death of a person places a tremendous financial burden on the remaining family members. If you leave minor children, you want to nominate guardians who will raise your children in case both parents die or are unable to act as guardians before the children are legal adults. More information.