![]() If the testator is unable to physically sign the will, some states will allow alternate marks or assistance from a trusted party. Some states allow handwritten or oral wills, but many don’t. While “sound mind” is defined differently in each state, this typically means the testator isn’t mentally incapacitated and isn’t being coerced. The testator must be of sound mind when creating the will.However, some states make exceptions for emancipated minors, married minors, and minors in the military. Most states require the testator (writer of the will) to be an adult. The testator must be at least 18 years old.In most states, for a will to be legal, the following must be true: However, creating a last will and testament without consulting with a lawyer might result in one that is not effective, especially if state laws regarding wills are particularly strict. Most people can make a legitimate will without professional legal assistance. That’s because your will addresses any other property that has been left out of your other plans.Ĭompared to most legal documents, wills are reasonably simple. ![]() You should create a will even if you use other estate planning tools such as a trust or pay-on-death accounts. And you can specify exactly who inherits your assets.Ī will also allows you to determine who will serve as guardian of your children if you are unable to raise them until they become adults.Ī will can do other things too, such as create a trust to provide for a minor or a loved one who cannot manage an inheritance on their own. In your will, you can name an executor who oversees the administration of your estate and takes care of your property until probate–the legal process of determining the validity of a will and determining all the assets of the estate and their value–is complete and your assets are transferred to new owners. It is very important that you create a last will and testament so that you can make sure you control what happens to your money and property after you are gone. ![]()
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