Last Will and Testament for Adults

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Commonly Asked Questions about Last Will and Testament for Adults

For many people, the most important document in their estate plan is their last will and testament. This document will give you a say in how an executor should handle your assets upon your death. Without a will, your estate will be subject to state-created intestacy laws, which dont take into account your preferences.
Though it has been thought a will historically applied only to real property, while testament applied only to personal property (thus giving rise to the popular title of the document as last will and testament), records show the terms have been used interchangeably.
What are the four basic types of wills? Simple will. A simple willsometimes known as basicis the type most people associate with the word will. With a simple will, you can decide who will receive your assets and name a guardian for any minor children. Testamentary trust will. Joint will. Living will.
It appears that, originally, this was intended for those without heirs. The laws at the time devised real property ing to the bloodline. So, it was only when there was no bloodline a Last Will became relevant. The testament was the portion intended to transfer personal property.
A Will Protects Your Children If youre a parent with children under 18 who live at home or if you have an adult child who depends on you due to a permanent disability, you need a legal will. It doesnt matter if youre a single or married parent: You still need a will.
When a will only deals with real property, it may be called a devise, and when a will only deals with personal property, it may be called a testament. If a decedent does not leave a last will and testament, their assets will be administered by a probate court.