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If the only issue were disposing of your property, estate planning would be
rather simple. Unfortunately, the federal and local governments subject estates
to very complex tax laws. In many cases, extra care must be taken to keep the
amount of tax paid as small as legally possible. Also, each state has its own
law regarding how property passes at death, and each state's law is slightly
different. There is a real concern that some individuals might prey on the elderly
and coerce them into preparing fraudulent wills, or that letters or other informal
documents could be misconstrued as a will. To avoid the possibility of such
a situation, there are a number of stringent requirements as to how a will is
executed. These requirements, also called formalities, must be observed
for a will to be valid. Finally, there are many other complex issues, such as
the guardianship of minors, appointing a health care surrogate decision-maker,
and planning for your own incapacity. |  |