What Is A Will?
In legalese, the person who creates a Will is called the ‘Testator.” A Will is a document in which the Testator:
- States what to do with their property after their death;
- Nominates the individuals who will raise Testator’s underage children; and
- Nominates the individual who will control the underage children’s assets (this may or may not be the same person as in number 2 above).
What If I Die Without A Will?
Having a Will is the ONLY way to ensure that after you die, your property is distributed in a way you want it to be distributed. If you die without a Will, the Judge in Probate Court will figure out who gets what by applying laws that specify the order of importance of your living relatives. These laws are called “intestate laws.”
Given the complexity of today’s society and family structure, it is pretty rare that the deceased owner would have approved of intestate distribution. Without going into too much detail, here is a quick example of intestate law application:
Marge Simpson lives in Springfield, California, and is currently married to Moe, her second husband. Bart, Lisa, and Maggie are, of course, Homer’s children. All of Marge’s property is “community property” (property that belongs jointly to husband and wife). If Marge dies without a Will, intestate laws will give all of her property to Moe, leaving Bart, Lisa, and Maggie with nothing (unless, of course, Moe chooses to share, or leaves all of his property to Marge’s children after his own death).
Will Any Will Do?
It is certainly better to die with a Will than without a Will. However, just having a Will is not enough – because for the Judge to enforce the wishes described in the Will, the Will must be valid, and meet all of the following criteria:
- The Will must be in writing. (However, it does not have to be typed. Printed and even handwritten wills can work).
- At the end, it must be signed with Testator’s signature.
- It must also be signed by at least two people who were present at the time the Testator signed the Will.