While getting rid of family property is often a very emotional and stressful time for an executor, the last thing you need is to get bogged down in legal paperwork.
An attorney can assist and advise you with your duties as executor, but if you have any concerns about the validity of the will or other issues that may arise, consult an attorney before you begin. Research is also essential when writing a will. The best way would be to track the property online.
Get access to the original will
The first step is to obtain access to the original will. If there are multiple copies, it’s best to get them all at once so they can be compared with each other. An original copy should be kept in a safe place until you are ready to deal with the property. The will may be with the decedent’s attorney or any other trusted person to whom the decedent has given this responsibility.
If you do not have an original copy of the will, you will need to find out if the will was made and where it can be stored.
If there is no will, things get more complicated, as there are strict rules on how assets are distributed, which is known as “gut”.
Do not modify by hand
If you need to make any changes to your will after you sign it, you must do so in the form of a codicil. A codicil is a small legal document that adds or removes parts of a will. You can add as many codes as you like, but you must keep them along with your original wish and leave instructions on where to put them.
Get the right witnesses
You must have two people over the age of 18 sign your will, but they cannot be beneficiaries or marry the beneficiaries of the will. If anything in the will is omitted to testify, your gift will not be valid and may affect other gifts in the will. The same goes for the spouse of any beneficiary: if they see your signature, the entire will can be invalidated.
Keep your will safe
You can keep your original will at home or store it at the attorney, bank, or probate office. Whoever stores it should charge little or nothing; Some attorneys provide this service for free as part of their fees.
Whether or not you have a significant amount of money, it’s always a good idea to make a will. There are many reasons for this. One of the main ones is that you no longer have control over what happens to your property when you die. It must be dealt with according to the law, which means first finding out what you have and how it will be distributed (usually between your partner and your children). This can be quite tricky if you own multiple properties, but ultimately someone has to do it, and that person could be a stranger.
Also read: ICM solution
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