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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. It is better to make your final wishes known to the people
who would be carrying them out |  |