Page 30 - Bereavement Guide Book
P. 30

LEGAL ISSUES




                                                    Wills, probate, joint property, estate taxes,
                                                    selecting estat trustees/attorneys for property
                                                    and personal care and other issues may ap-
                                                    pear somewhat intimidating at first. Fortu-
                                                    nately, with a little guidance and preparation,
                                                    dealing with such matters does not have to be
                                                    so overwhelming.

                                                    Administration of a Will
                                                    A will is an instrument by which a person
                                                    (the “testator”) makes a disposition of his/her
                                                    property, to be performed or take effect after
                                                    his or her death.
                                                    A well-drafted Will may provide for the
                                                    welfare of the testator’s family, distribute
                                                    the testator’s assets in accordance with his/
                                                    her wishes and secure the efficient manage-
                                                    ment of the testator’s property. Handwritten
                                                    Wills (”holographic Wills”) can be made by
                                                    a testator without the services of a lawyer,
                                                    problems can arise if not done properly and/
                                                    or in accordance with applicable legislation.
                                                    A properly drafted Will can be a simple, in-
                                                    expensive way to address many estate-related
                                                    matters, and can make matters run much
                                                    smoother upon death.

                                                    While there are many benefits to having a
                                                    Will in place, there are some things that may
                                                    not be accomplished in a Will. It is impor-
                                                    tant to keep in mind that some items may
                                                    not flow through your estate, and thus may
                                                    not be distributed in accordance with your
                                                    Will. During the estate planning process it is
                                                    important to speak with a lawyer experienced
                                                    in such matters and knowledgeable of your
                                                    unique situation.

                                                    A well designed estate plan can help mini-
                                                    mize probate (and other) taxes, and can alert
                                                    you to potential statutory claims that may
                                                    impact your ability to deal with your assets
                                                    as intended.



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