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EstateTalk™

Are there different types of wills?

In fact, there are a number of different types of wills including: joint wills, mutual wills, preprinted (fill in the blanks) wills, oral (nuncupative) wills, and holographic wills. Although there may be very rare exceptions to the following, assume the following to be true:

A joint will (a single document purporting to represent the desires of a married couple) is usually a bad idea. Among many other problems, it can cause tax problems and it may bind the survivor to a disposition of assets that he or she would prefer to change.

A mutual will (wherein you try to make an estate plan that somehow dovetails with some other individual’s estate plan – your sister for example) almost surely requires the ability to foresee the future. The vagaries of life are such that you are well advised to control what is yours, and let others control what is theirs.

Preprinted wills using “boiler plate” language (sort of like generic medicine – but probably not as effective) are readily available in infinite variations. They usually have blanks for you to fill in, but use caution. Such wills may not be valid in your state due to variations in requirements for witnessing, etc. etc. Also, whereas the will form may seem complete to you when you read it, if you sit down with a blank piece of paper and make notes on what you’d like to accomplish, you will probably find that the blank doesn’t accommodate some of your goals. If you feel that you have found a preprinted will that seems adequate, you should, at the very least, let an attorney examine it once you have filled it out to be sure that it meets the requirements of law in your state in all respects. Otherwise, for the most part, you use such a document at the risk of your heirs.

In some circumstances, if your state recognizes it, an oral will may be an alternative, but it is best reserved for an individual who finds him or herself on a deathbed. You only need someone present to listen and remember what you say, but the pitfalls of such a will are so obvious that it should only be used as a last resort. Why not start now to plan your estate and know that you have your affairs in order?

A final comment. A will that is legal in the state in which it was drawn, is also legal in every other state. The unknown factor is whether a probate court in another state will apply the law of that state, or the law of the state in which the will was drawn. If you move out of the state where your will was drawn, consult a qualified attorney in your new state of residence about this problem.

 
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