Blogs and Articles

Why You Should Make A Will in 2019 - Our Guide

When we leave this earth, we cannot take anything with us. All of the money and assets that we’ve accumulated will have to go somewhere. Many people do not see the importance of having a will until the very last minute. A will ensures that you get to distribute the hard-earned valuables that you obtained throughout your life, in a fair manner.  More reasons why you should make a will include:

There will not be any probate problems

When a person fails to make a last will and testament or fails to create a legally binding one, their assets have to go through probate. This leaves quite a bit of hassle behind for your loved ones. When these problems occur, a lot of money and time may have to be spent going through the probate procedure. Some of the expenses include court costs and attorney’s fees. Other problems that will follow might be that the named executor doesn’t want to be responsible for the role. Also, problem may occur if heirs don’t believe in the validity of the will or a none accurate value of the estate. If you want to avoid all of these difficulties of not having  a will, you may seek for solutions. These may be a living trust, pay on death account, life insurance, and pensions.

All of your assets will be distributed as you wish

A will ensures your wishes will be respected according to the statements in document. This makes things easier for those you leave behind. In contrast, things will get much more complicated if you die without a will. Although your assets will be distributed, some of them will be transferred according to the state’s intestacy law. This law has a strict hierarchy of who will be the first person to inherit your assets. It starts with your spouse and children. If you want to assign which asset goes to who without a probate process, you may use a living trust for the assets not covered by deeds, retirement accounts, life insurance, or a pour-over will. By making a pour-over will, the leftover from your assets will go to the trust. Also, the trust will distribute it without enacting the intestacy laws.

You will gain many benefits

There are other methods that will allow you to distribute your assets other than a will. Nevertheless, creating this legal document provides you with some benefits that you will not get from the other arrangements. A valid will can show you the big picture of all your assets. This makes it possible for you to develop a well-thought plan for everything that you own. It also ensures that your assets will be distributed accordingly as the judge will adhere to this will only. If you want to change something, you can get it done by signing just one paper. When you make a will, you hold the power to decide what should be done with the things you leave behind. You should name an executor to make sure that everything will go according to plan. If you have minor children, you can name someone to be their guardian and the person who supports their financial affairs.

There is no doubt that a will gives you more of a say in what should happen to your assets after you have passed on. If you have a complicated estate that you want to distribute to many different people, you may need an attorney to draft your will. Don’t have too many assets and plan for a straightforward distribution? You will be able to save a lot of money by drafting your own will with our help.

 

References:

1. Filing for Child Custody by Unmarried Parents, www.courts.alaska.gov/shc/probate/probate-intestacy.htm.

2. Government Digital Service. “Wills, Probate and Inheritance.” GOV.UK, GOV.UK, 12 Dec. 2014, www.gov.uk/wills-probate-inheritance/if-the-person-left-a-will.

Get Your Free Will Kit Today
Read More
Why Young People Should Get a Will

As the season for high school graduation winds down, it’s time not only to celebrate the day that you have finished high school but the time to think things over for your future such as when to hunt for a job, when to go to college (if you plan to do so), and even penning a will.

Young adults may associate wills with old, dying, bedridden aristocrats, and that they have a long life ahead of them to write down a will. As such, most 18 year-olds do not have a will. This popular misconception among most young adults is probably the youth’s defense mechanism to avoid the subject altogether, but no matter how hard they try, the cold, hard fact of the inevitability of death and how it could happen to anyone, anywhere, anytime, including themselves cannot be utterly cast aside.

The anxiety of death anytime can be an added pressure to the graduates who are about to enter college this coming fall. They can help alleviate this anxiety by entering into a legal contract and drawing up a will as soon as they turn 18.

Drafting a will testament while early

It is a way for young people to ruminate upon how they can protect their future when they will get married and have their children and how they may let their heirs inherit their property smoothly. Some teens might scoff off the idea as absurdly advanced, especially as they will have student loans to shoulder soon. Others would say they have no property, to begin within the first place.

Despite how meager they think their assets are, a will would still be of great help in facilitating its transfer to those who the young adult may leave behind. For young adults from more well-to-do families, a will may be more immediately practical. They may have monetary or business inheritance, estate, or belongings of grandparents left to them. If the young person wants specific persons to inherit these possessions without interference from the court, then having a will would be useful.

Regardless of how big or small a person’s assets, and liabilities are, it is the law of the state and the courts which would determine how these will be distributed if a person dies without leaving a will. [1] The long delays for heirs as well as wrangling for inheritance will put an added stress on the family and friends grieving for the young person who died.

Having a will at 18

It is also a sentimental question. Suppose that your teen owned a beloved pet, rare comic book collection, or even a piece of beachfront property where she played and grew up. When something happens to her, what will happen to these possessions? Without a will, the state can take them all, especially if these possessions of sentimental value are of great importance to the state, such as a piece of land or rare cultural artifacts.

 

When a young adult is placed into early parenthood arising from an unplanned pregnancy, drafting a will also becomes immediately compelling. The surge of hormones everywhere may make your child into a young parent one day. If your teen, who would happen to become a single, unwed parent of your grandchild, dies, who will be the baby’s guardian? Custody of children is a matter of will that can be stated by your teen while he or she is still alive.

For every period that a young adult thinks that his or her assets and properties have grown, he or she can update their will. They can make living wills so that when they meet unfortunate accidents that would render them unconscious or unable to communicate, their express wishes would still be carried out.

What’s important is to make a will now than leaving every single day with no will for every tomorrow that death may come. Take advantage of your teen’s excitement to grab any opportunity that they think would make them adults by having them make their will.


References:

  1. Filing for Child Custody by Unmarried Parents, www.courts.alaska.gov/shc/probate/probate-intestacy.htm.
Get Your Free Will Kit Today
Read More
Reasons Why You Must Have a Will & Testament

Many people are not jumping out of their seats to write their will. Most of us aren't eager to draft any legal document. Let alone the one that involves our inevitable death. Although it might not be at the top of your list of things to do, getting it done will give you the peace of mind for your assets and any children you might have.

This document will ensure to honor your wishes, divided your assets, and also help your children be in good hands. If you aren't sold yet, some reasons you really should think about writing a will now includes:

For the better of your minor children

Yes, we said it twice already, but it's important! If you are a parent with younger children, state who you want their caregivers to be. Also, you can state how you want them to be raised in your absence. Without a will in place, the court and state law will dictate to whom your kids go. [1] If you care about who raises your kids, where and with what values, you will want to indicate this in your will. Naming your chosen guardians will help prevent custody battles between your family members.

Ensure your property goes to the right hands

Some people feel that they might not have enough capital to create a will for. However, if you have anything with sentimental value, you should list that in a will too. You might have items that you only wanted your sister or mother to have, hence with a will, you can do that. You can make sure that all your important belongings and assets go to the people you wanted them to. If you own anything with significant monetary value, you should indicate how it will be divided. This helps avoid confusion or conflict to exist.

Think about your pets

When you die, where do your pets go? You shouldn't assume that your pet will automatically have a guardian after you pass away. Specify a name and amount for the care of your pet after you've gone. You don't want your pet facing an uncertain future. Not including them in your will may lead them to be sent to an animal shelter.

Don't give your estate to the government

All wills will be subject to probate court. [2] It is a legal system which your debts and remaining property get settled and distributed. If you have no will, the court will set up an administrator to settle your affairs. [1] In some cases, your estates may go to the government instead of family. [1] It also means that your estate will be held for a very long time. This can be very difficult for dependents. This may also potentially be a financial burden without funds to pay for funeral costs and other expenses.

You can create your funeral playlist

You can specify how you want your funeral arranged. Whether you wish to be buried or cremated, whether you want jazz or organs in the background, what kind of flowers you want, and also anywhere you might specifically like to be buried. Have peace of mind that you will be where you want to be for eternity.

Do you need a will? We’re here to help! We provide a free to use will generator that’s easy & simple to use - try it out today!

 


References:

1. Filing for Child Custody by Unmarried Parents, www.courts.alaska.gov/shc/probate/probate-intestacy.htm.

2. “Probate.” Wikipedia, Wikimedia Foundation, 10 Dec. 2018, en.wikipedia.org/wiki/Probate.
Filing for Child Custody by Unmarried Parents, www.courts.alaska.gov/shc/probate/probate-intestacy.htm. Get Your Free Will Kit Today
Read More
Why You Should Not Delay Getting Your Will Made

There are many who think they don’t need to write a will. If you think that you're too young, not rich enough or have no kids, thus, you have no reason to write it; you are wrong. Accidents can happen at any time, and in the case that you do pass without a will, all your belongings and assets will be distributed according to law [1], which can cause your things to go to people you might not agree to.

 

Here are reasons as to why you should write your will as soon as you have the time:

Think of the kids

If you do have children but no written will, they may end up going to someone that you don't even like. Minor children are a great reason to have a will written up. You should be the one to have a say in their lives, who will watch over them and how much they deserve of your assets. Your children's lives are far too important to leave it to chance or for the government to decide. You should be the one making decisions for what happens to your own kids.

Your sentimental belongings

All the things you love and value may just go to a cousin you've never even spoken to. Without addressing where your belongings go, you are leaving it under the care of your state court, meaning it could as well go to your cousin you've never met before. Your personal property will also include your pets, so think about where they will go as well. You want to make sure to list out all the sentimental or expensive items you have and who you want each and every one of them to go to.

Consider your finances

When you die without a will, where will all your money go? You will not be able to dictate this if you didn't write a will. Your debt must be paid, and all your money will have to be distributed by an executor chosen for you by the state. With a will in place, you will get to personally pick your executor and where your money goes as well as how much of it. Think about your hard earned cash. You will definitely want it to go to someone that deserves it, right? If you donate to any charities, they will be missing your donations from your passing on.

Your estate and other assets

If you own any land or property, you will definitely want to worry about who it would go to. Without a will, you are not going to be able to dictate what happens to your estate. However, a will enables you to list names and items, properties, lands, and who you want all your belongings to go to.

It is crucial that land and estate be divided properly to avoid family disputes. These are just a few reasons as to why writing a will can be extremely important.  

 


References:

 

  1. Filing for Child Custody by Unmarried Parents, www.courts.alaska.gov/shc/probate/probate-intestacy.htm.
Get Your Free Will Kit Today
Read More
All You Need to Know About Co-Executors in a Will - Our Guide

Your last will is a crucial document that you need to sort out before you die. It helps to ensure that your wealth and assets are distributed in the way that you intend them to after you’re gone. It’s important to have a trustworthy executor manage everything related to your will. However, it can be quite overwhelming for one person to do.

This is especially true if you have several assets that need to be distributed. If that's the case, you may need to name a co-executor.  This helps relieve a part of the burden from the primary person. However, there are downsides to this. So you need to understand them before you name someone your co-executor. We’ll discuss more of this in this article.

How to Name a Co-Executor

Much like how you would name your executor in a will, you can name a co-executor as well. It’s possible to assign the financial and management power to both of your executors equally. You can also assign certain responsibilities to each in a certain order.

If the primary one is to resign or be in the state where they are unable to perform their duties, the responsibilities will then fall to the secondary executor.

A person with adult children often names their spouse or one of their children the primary executor. Then, another family member as the secondary one. The executors can discuss among themselves as to what to do with the assets. This makes the process less stressful for both.

Co-Executor Duties

Listed below are the primary duties of a co-executor:

  • Manage the debt situation of the deceased
  • Manage the assets of the estate of the deceased
  • Carry out the terms of the will
  • Ensure that the executor and other co-executors are following their duties and abide by the terms of the will
  • Communicate with other executors and the court to ensure a smooth execution process

If a co-executor passes away before the testator, the testator may appoint another person to be their new co-executor. One can change and switch their executor order as they please. Equally important, the decision to change should be announced to those executors who are being adjusted.

Advantages of Co-Executors

Co-executors can take some of the workload off of the testator and primary executor. Having a group of co-executors who are proficient at different things can ensure that the testator and other executors have complete knowledge of every part of the will. A co-executor can also help to make sure that the process runs smoothly. Further, it ensures the wealth distribution and management process is uneventful.

Disadvantages of Co-Executors

Having a lot of co-executors often means that the margin for conflict is higher. They may bicker over themselves, causing a delay in the probation period.

Some co-executors may not be as trustworthy. Also, they may try to find loopholes in the will to try to take some of the wealth for themselves.

Removal of a Co-Executor

There are several ways to remove a co-executor from the will. These methods are listed below:

// Removal by the testator

The testator can write a form to state that they wish to remove the co-executor from representing their will. After the filing is approved, the co-executor will be removed.

// Resignation

The co-executor also has the right to resign from the position at any time.

// Removal by the court

If the court believes that the co-executor doesn’t have the interests of the testator in mind, they may remove the co-executor from the position.

Conclusion

Although having a co-executor can be highly beneficial for the process, it doesn’t mean that it’s without flaw. The more people that you involve with your will, the higher the chances of conflict and bickering. Therefore, it’s important that you have a conclusive and inclusive will that leaves no room for interpretation.

 

Get Your Free Will Kit Today
Read More
All You Need to Know About the Sub-Categories of Beneficiaries for Your Will
When you’re naming someone in a will, you have to use the right wording. This ensures that the terms and clauses of your will takes effect in the way that you intend them to. Four terms that people often confuse with one another include legatee, heir, beneficiary, and devisee. To help you clarify the differences between these terms, we have come up with a short guide so that you can understand and use them correctly. Shall we begin?

What Is a Beneficiary?

In a will, the beneficiary will receive an asset or piece of property after you pass away. [1] It’s an umbrella term that covers every type of property receiver named in a will. We will discuss this later on in this article.

What Is a Legatee?

In old legal terms, a legatee is someone who receives a personal property [2] -- not the real property -- from the estate. Personal property is movable property. This includes anything from a mobile home and a vehicle to even a stock, bond, or intellectual property.

What Is a Devisee?

The devisee (opposite of the legatee) will receive the decedent’s real property instead of personal property from the estate. [3] Like legatee, this definition is an old legal term. Nowadays, the term refers to anyone named to receive the property in the decedent’s will. They don’t need be blood-related, as long as their names will appear in the list.

What Is an Heir?

An heir, the blood relative of the person, named to receive property after a person’s death. [4] This includes legitimate children, parents, siblings, nieces, and everyone that has a familial tie with the decedent. If the deceased isn’t married or doesn’t have a child, the closest blood relative will be named their heir. The litigation process will take place in order to distribute the decedent’s properties. If the decedent has a child, the child will be named the primary heir. They will most likely receive the majority of the assets and properties of the decedent.

Difference Between a Legatee and a Devisee?

In old law terms, a legatee  will receive the personal property. On the other hand, the devisee will receive the real property. Under current laws, however, the two terms can be considered synonyms. Some states may use the term “legatee” to refer to someone who will receive the decedent’s properties. Others may use “devisee.”

Who Is a “Universal Legatee?"

In Louisiana, you can name your property a “universal legacy.” [5] This means that everything that comes with that property, whether it’s rights, obligations, possession, and even ancestral debts, gets passed on to the “universal legatee.”  Unlike in most cases where everything gets devised and distributed individually, the universal legatee takes everything that comes with the property. Both the good and the bad. As you can see, naming a beneficiary can be difficult and confusing. Using Free Will Kit to help you with this issue is a great help. Visit our website today and see what we have to offer.  
References: 1. “Beneficiary.” Wikipedia, Wikimedia Foundation, 29 Mar. 2018, en.wikipedia.org/wiki/Beneficiary. 2. “Legatee.” The Free Dictionary, Farlex, legal-dictionary.thefreedictionary.com/legatee. 3. “From the 'Lectric Law Library's Lexicon Devise, Devisee.” The Presumption Of Innocence - Criminal Defense | LectLaw.com, www.lectlaw.com/def/d046.htm. 4. “Inheritance.” Wikipedia, Wikimedia Foundation, 4 Mar. 2019, en.wikipedia.org/wiki/Inheritance. 5. Upton, Wheelock S., et al. Code Civil De L'eætat De La Louisiane; / with Annotations by Wheelock S. Upton, LL. B. and Needler R. Jennings.: : By Authority. E. Johns & Co., Stationers' Hall., 1838. Get Your Free Will Kit Today
Read More
Situations That Will Require You to Update Your Last Will
It's always a great idea to write a last will as soon as you reach a certain age. You might want to write one as soon as you can. Maybe, you’ll want to write it when something big happens that changes your life. A considerable amount of things can change in a short amount of time. You need to make sure that your last will is updated and correct. After all, you never know when something may happen. Here are some huge changes that require an update of your last will:

Family Changes

Whether you just got remarried or had a baby, you will want to add your new family members into your last will. It's crucial that they get a part of your assets, too. This is also important for same-sex couples and adopted children. The second someone new comes into your life, you will want to make sure to change and update your last will. For any minor children, you will want to name guardians in the case that you pass away. Maybe you don't want the person you listed to be a guardian in your last will to be their guardian anymore. You definitely need to figure that out so that your children will go to the right person. You also might have put someone down as a beneficiary but since decided that you don't want to share it with them anymore. [1] This is why it is a great idea to keep your will updated. In the case of an accident, you don't want your money going to an ex or someone you might not speak to anymore.

Asset Changes

If there are any huge changes to your estate or its value, you will surely want to tweak your will. It is wise that you include these things into the next update of your will. Whether you started a business, sold an asset, changed your insurance policy, or began to get a pension.

Location Changes

If you just made a major move, you might want to reevaluate your will. See if it still checks out with the laws of your new location. State laws will vary when it comes to wills. You should not assume that your last edition still is in accordance with your last location's requirements or laws.

Law Changes

Taxes are always changing. If there are major changes that affect you, you'll want to make sure that you are updating your will to reflect changes. This way, the law will still apply to your will. Forgetting to update your will can mean that the law change will affect you. In the case of an unexpected death, this could be bad.

Regular Changes

If your will has been written for a while, you probably haven't looked at it in quite some time. It's a good idea to give your will a look-through every now and then. Make sure that the information is still valid to you. Also, make sure the names you list for inheritance are still the people you want to give the shares to. You want to be sure to update names, prices, and anything that you need to.   If you don’t have the money or time to hire a lawyer, Free Will Kit can help you write a conclusive and legal one on your own. We have a template of all types of wills for each state which can ensure that all of your possessions and body is taken care of exactly how you plan it. Get in touch with us today and see what we can do for you.  
References: 1. Quinn, Jane Bryant. “Debt After Death: What Will Your Heirs Owe?” AARP, 1 Sept. 2018, www.aarp.org/money/credit-loans-debt/info-2018/debt-after-death1.html. Get Your Free Will Kit Today
Read More
The Differences Between a Living Will and a Last Will

It’s not every day that we need to write a Living Will or a Last Will. It’s only natural that people will ask some questions when faced with the task of creating them. These two documents have different legal purposes and used in different situations. You need to understand the differences between the two. This way, you can make the right decision about when and how you should write your Wills.

What Is a Living Will?

A living will is also referred to as Advance Directive. As the name suggests, a Living Will directs what to do with you in case you were ever in a state in which you can’t make your own medical choices. For example, if you’re involved in a car accident that makes you incapacitated. Your written or recorded Living Will puts into effect. Let’s say, for example, that you were in an accident and suffered major brain damage that will force you to live in a vegetative state. You can specify that you want the plug pulled after five days after no brain response. You can name who you want to assign as your attorney-in-fact. Also, you can also request a specific doctor to take care of you as well.

In short, this type of Will does not direct what to do with your properties, assets, and possessions. Instead, it tells the medical staff and relatives about what to do with and who you want to represent your best interests. This only happens in case you ever fall into the state that you’re unable to do so.

What Is a Last Will and Testament?

A Last Will and Testament is commonly known as a will. This legal document dictates what to do with your assets, properties, wealth, and minors under your guardianship in case of your death. When someone dies without a will, their wealth and possessions will go through a probation period called intestate. During this time, the court will review all the evidence to decide what to do with everything under the deceased’s name. This process can be time-consuming, and your possessions may fall into the wrong hands. You can name someone as your executor, and they will be the person who represents your best interests in case you pass away. Your Last Will will only come into effect if you die. On the other hand, a Living Will comes into effect when you’re alive but not in the state to represent yourself.

Which one should I write first?

We never know when something happens to us. Everybody should get both a Living Will and a Last Will. We may be well today, but who knows what’s going to happen tomorrow? Having both of these wills can help to make everything clear. It ensures that every party that’s involved in your well-being knows what they need to do if you ever fall ill. You should write your Last Will first. That will ensure to distribute all of your wealth to the intended beneficiaries if death comes knocking at your door. Once that’s out of the way, then start writing your Living Will. As if you’re not in the state to make a decision, you won’t be able to write your Last Will.

Get Your Free Will Kit Today
Read More
Writing Your Will For The New Year - What to Know

We all have to die someday. Death is inevitable and choosing to ignore what happens to your assets when you're in the afterlife is no good. You need to be prepared. Accidents can happen at any moment and making a will can save your friends and family the pain of having to plan your funeral. Make sure your wishes are granted as they would be if you were there. A new year can also be a good reason to write a new will in case you have any updated wishes. Things can change very rapidly; so it's good to make sure that your wishes are up to date. Now, it's time to write your will.

Death Without A Will

If you die before you have the chance to write a will, all your belongings, assets, and property will be distributed by the system. Each state has different rules for distribution, but usually, the top priority will go to spouses and children of the deceased. [1] They will be the first in line to receive assets. Then, parents and siblings are next in line. Make sure you know your state's distribution laws. If you want to avoid potential family feuds, you will definitely want to state which assets go to whom.

 

Even if you don't have much property, some things are sentimentally valuable that you might like to pass on to certain people. Keep in mind that if you have no will at your death, some states will take your entire estate for themselves. This might be a good motivator to writing a will to make sure that your loved ones get their share.

Writing Your Will

If you're ready to write your will, some things you will want to include:

// Statement and Testament

A will should always start with a statement stating that you are sound of mind when writing the will and that you intend this to be your last will and testament. [2] You should also claim that this will shall overrule any previous wills written. 

// Your Executor

This will be the person who will make sure to close all your accounts, pay all your debts, and meet all your last wishes. They will execute the reading of the will and oversee the distribution of your assets. This will be the person who will make sure that all your accounts are closed, all your debts are paid, and also all your last wishes are met. [3]

// Children

If you have any children under 18, a will shall allow you to select a guardian for these minor children. [4] Without a will, your children would be selected a guardian by the court. If you decide on giving legal guardianship to someone other than the child or children's living parent, you need to explain your decision in the will. The parent may try to fight against it, but the final decision will be left to the court. Make sure to be as descriptive as possible.

// Sentimental Property

If you have any items that you want to give to specific people after you pass away, you will want to make sure to state all these items in the will, no matter how small. [5]

// Pets

Without a will, your beloved pet will become the personal property of the state. You will want to list or state any possible caretakers you may want to pass them on to. [5] You may also want to leave money to your pet's guardian to make sure they will be well taken care of.

// Leftover Payments

If you have any debts or taxes that need to be paid, you will want to leave information regarding that in your will as well. [6]


References:

  1. Filing for Child Custody by Unmarried Parents, www.courts.alaska.gov/shc/probate/probate-intestacy.htm.
  2. Balentine, Jerry R. “How to Choose a Primary Care Physician.” EMedicineHealth - Health and Medical Information Produced by Doctors, www.emedicinehealth.com/selecting_a_doctor/article_em.htm#decision-making_capacity.
  3. Government Digital Service. “Wills, Probate and Inheritance.” GOV.UK, GOV.UK, 12 Dec. 2014, www.gov.uk/wills-probate-inheritance/if-the-person-left-a-will.
  4. Last Will & Testament, Cooper Law Firm , 2005.
  5. What Is A Will. Alaska Baptist Foundation, Feb. 2013, alaskabaptistfoundation.com/upload/files/What-is-a-Will-2.pdf.
  6. Government Digital Service. “Wills, Probate and Inheritance.” GOV.UK, GOV.UK, 12 Dec. 2014, www.gov.uk/wills-probate-inheritance/if-the-person-left-a-will.

 

Get Your Free Will Kit Today
Read More
What Could Happen if Your Domestic Partner Does Not Prepare a Will
If your domestic partner passes away before they had a chance to write a will, the outcome may vary. This is if they did not address what they wanted to happen to their estate and property. The results would fall under the law that your partnership was created upon. Different situations includes:

Domestic Partnership Laws

Being in a domestic partnership means that two people were granted the status by either municipal or state law. You will need to follow the requirements under that law in order to create a domestic partnership. Each state contains different laws created to authorize domestic partnerships. Same-sex couples register in civil unions or partnerships as an alternative to marriage. These laws may vary only in how two people may become authorized. This depends if there exists a registered or unregistered civil union into the domestic partnership registry, and what benefits apply. However, in places that authorizes same-sex marriage, the law applies to same-sex couples as well.

Authorization by Municipal Law

Domestic partnerships created under city or county law will typically contain limited benefits. This applies for their partner's employee benefits, their health care, and decisions for their partner's body. Inheritance is a matter of state law. A city or county does not own the authority to make decisions dealing with inheritance and will not provide any domestic partner with inheritance. In this situation, the deceased's property will go to their heirs under state law.

Authorization by State Law

A partnership created under state law can include inheritance rights, as long as the state law says it can. If you registered your domestic partnership in a state that allows a spouse to accept an inheritance, there is a chance you get entitled to a third to the entirety of your partner's estate. This will depend on the involvement of children. If you and your spouse had land together, the rights of that property would pass onto your name.

Let Us Help

By creating a will, you can make specific wishes that might allow inheritance to your domestic partner. The lack of a will means that the law will need to come into play and will make these important decisions for you. If you want to avoid any intervenience, write your will as soon as you can.  Many domestic partners find the law's way of taking care of the lack of a will unfair and worry it may cause tension between family members and a spouse, so to avoid that, go ahead and write your will now. Whether diagnosed with a life-threatening disease or just want safety and make sure that your wishes are signed and recorded on paper, you will want to settle your estates and make inheritance decisions before your death. It's quick and easy and may save your spouse in the case of an unexpected death. It's always better to be safe than sorry.
References: 1. Eugene F. Scoles, Problems and Materials on Decedents' Estates and Trusts (2000), p. 39. 2. "A Brief History of Domestic Partnerships" (PDF). Archived from the original (PDF) on 2010-11-16. Retrieved 2010-07-01. 3. "Ritter signs bill that will help gay couples". The Denver Post. Associated Press. 2009-04-09. Retrieved 2009-04-10. Get Your Free Will Kit Today
Read More
DISCLAIMER: The author, the publisher and the vendor of these forms makes no representations or warranties regarding the outcome or the use to which these forms are put and are not assuming any liability for any claims, losses, or damages arising out of the use of these forms. The user should not rely on the author or the publisher of these forms for any professional advice. Always consult with a lawyer regarding the rules and regulations governing your residing state/province. The information provided is for illustrative purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issues and concerns related to the drafting of wills and other legal documents. Remember that individual situations and estate planning needs differ, and this Kit may not be suitable for your specific circumstances.
Copyright © 2020 · All Rights Reserved · thefreewillkit.com, LLC. This site is not a part of the Facebook website or Facebook, Inc. Additionally, This site is not endorsed by Facebook in anyway. Facebook is a trademark of Facebook, Inc.
Contact info:
3191 Coral Way, STE 630
Coral Gables, FL 33145
3054899887
customersupport@thefreewillkit.com
FAQ | About Us | Privacy Policy | Blog