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FAQs / Wills / Trusts / What does a will usually contain?

What does a will usually contain?

A Last Will and Testament normally contains several important elements, which include the following:

1.) Name a personal representative, aka executor, to serve as the fiduciary of the estate. The role of the personal representative is to collect the probate assets, handle creditor claims and eventually make distributions to the final beneficiaries.  The Last Will and Testament often name a successor or alternative personal representative to serve in the event the first named person is unavailable.

2.) Name beneficiaries to receive assets. Some Wills identify specific assets to be distributed to particular individuals or entities.  A common provision found in Wills, stipulates that all tangible personal property shall be distributed to the spouse, or the children of the decedent.  Towards the end of the document there should always be a residual clause which states how all remaining property, not specifically identified, shall be distributed.

3.) The signature of the testator and two disinterested witnesses at the end of the Last Will and Testament. It’s also recommended that a self-proving affidavit be executed and attached at the end of the document.  This affidavit allows the original Will to be submitted to the probate court without additional testimony from the witnesses.

Wills / Trusts FAQs

  • How Can I Find Out If There Was A Will?
  • Can A Will Be Changed Or Revoked?
  • Can I Specify That Certain People, Like A Brother Or Sister, Should Never Receive Any Of My Property?
  • Can Someone Quit Claim His Property To Me Instead Of Leaving It In His Will?
  • Do I Have To Be In My Home State When I Make My Will?
  • Do Living Trusts Go Through Probate?
  • Does A Trustee Of A Trust Have To Provide An Accounting?
  • Does It Really Take Less Time To Settle An Estate In Which A Revocable Trust Was Used Rather Than Just A Will?
  • Does My Will Have To Be Notarized?
  • How Do You Prove A Will?
  • How Does A Living Trust Avoid Probate?
  • How does a revocable living trust avoid probate?
  • How Long Does It Take to Settle a Trust?
  • How long is a will valid?
  • How often should my will be reviewed?
  • Is a handwritten will valid?
  • My parent died with a will and disinherited me. Can my parent do that in Florida?
  • What are self-proving wills?
  • What are trusts?
  • What benefits does a trust offer?
  • What does died testate vs intestate mean?
  • What does a will usually contain?
  • What does it mean to fund a trust?
  • What happens if we cannot find the decedent’s will?
  • How can someone see the will of a person who has died?
  • What other probate avoiding techniques are there in addition to revocable, aka living, trusts?

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