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Wills What, Who, When and How

CNB Insights Blog wills
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What is a Will?

A Last Will and Testament takes effect upon the death of you, the maker. The Will controls disposition of assets you own according to your wishes.

 

Requirements

Must be written

Signed by testator

In presence of at least two witnesses that attest that testator declares it to be his / her Will and freely and voluntarily signs Will

Legal adult of sound mind

 

Who are the Responsible Parties?

  • Testator – maker of the Will

  • Executor – personal representative, appointed by a court, charged with administration of provisions of the Will, assets of the estate, necessary court filings, tax return preparation, and beneficiary reports. Executor may be a corporate fiduciary or a trusted, competent individual.

  • Beneficiary – any person or entity named to receive a specific bequest or portion of your estate assets. Consider family and charities as potential beneficiaries.

  • Court appointment – decree by local court appointing an executor

  • Heir – Named beneficiary or “heir at law”

  • Administrator – court-appointed personal representative of deceased individual without a Will

 

When Should a Will be Prepared?

  • When you have accumulated some money or other assets

  • When you get married (or divorced or remarried)

  • When you have children (and again when they become adults)

  • When you’ve purchased a home

  • After you start a business

  • Update as life circumstances change

 

How Does the Process Work?

  • Discuss your plans

  • Family and possibly other intended beneficiaries.  Couples generally draft their Wills at the same time with the same attorney.

  • Contact an attorney

  • Store Will documents securely and provide copies to key people

  • Upon death, attorney will contact the court to request approval of the Executor if the Executor agrees to serve

  • Expenses include attorney, executor, court and estate administration costs

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