Ethical Wills – Are They Legal Documents?
Posted by admin on Mar 20, 2010
Whether you call it an ethical will, a spiritual will or a spiritual ethical will, these documents are quickly becoming more popular than the traditional legal documents that have a tendency to be sterile. However, I recently came across a blog discussion about the legality of ethical wills, so I thought it would be a good time to clear up the confusion.
What Is an Ethical Will?
There are numerous variations of ethical wills, just like there are variations of last wills and trusts. The most basic type of ethical will is the ethical letter. These letters are usually designed to deliver intimate information to a specific person or group of people. They generally do not contain a list of inheritance or promises of items from the estate. At the other end of the spectrum is the full spiritual ethical will and trust. These documents combine the ethical transmission with guidance about how the estate is to be handled and disbursed.
Is Your Ethical Will Legal?
The legality of your ethical will is going to depend on several factors. First of all, ethical wills in all formats are legal to write, but some are not considered legally binding documents. This is because some variations of ethical wills, usually the ethical letters, do not contain all of the information needed to execute an estate and because of this, they are not viewed as a legal document, even if they promise a portion of the estate to the recipient of the letter. On the other hand, ethical wills that contain all of the required elements of a last will and trust can be considered a legally binding document.
Making Your Ethical Will a Legally Binding Document
When the court system evaluates the legality of your ethical will they are going to look for signs that you intended the ethical will to be your last will and trust. To make it easy for the courts to determine that your ethical will is indeed your last will and trust is to state that that is your intention at the beginning of the document. A simple state such as, “this is my last will and trust…”
Another way to ensure that your ethical will is viewed as a legally binding document is to have an attorney help you complete the financial and legal segments of your will and then simply supplement the legal stuff with your ethical letters and materials.
By: Barbara Morgan
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Free Wills
Posted by admin on Mar 18, 2010
Life is beautiful but never guaranteed. Death is inevitable and may come at any time. However, despite this suddenness, it is possible to plan for family members and loved ones before this happens. Writing a will solves almost all legal complications after death. It is advisable to hire a will writing service and draft a legal declaration of how possessions are to be distributed or disposed after death.
People may decide to draft a will on their own in the presence of adult witnesses. However, self-made wills are not valid in all states. This could lead to complications and property could be litigated. At times, possessions even end up as state belongings. For the well being of loved ones, a valid will should be drafted. People refrain from doing so because of the costs of hiring legal services. For this reason a number of free will services have evolved.
An increasing number of lawyers are providing free last will and testament packages. This is done keeping in mind future profitability. Most free will lawyers draft wills wherein clauses containing their involvement in all future dealings are included. This makes the testator, i.e., the person making the will, dependant upon the lawyer for any discussion.
A free will forces family members and beneficiaries to consult a lawyer regarding any legal dealings for years to come. While drafting free wills, lawyers have been known to manipulate documents. These may not have serious repercussions but they secure lifelong involvement that comes with a certain fee. A number of lawyers are known to make will files. In simple terms, it means they draft numerous free will packages to gain popularity in the market, which in turn guarantees success for the lawyer.
Nowadays there are a number of websites that provide free last will and testament packages. When lawyers and legal services offer free wills, it is inclusive of a few services. This includes handling distribution clauses and guardianship clauses. This is because in most free will services, the provider acts like the executor of the will.
By: Josh Riverside
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Wills and Probate
Posted by admin on Mar 14, 2010
A will could be made by anyone who is legally competent and at least 18 years of age. The person should be of a sound mind. When a will is being prepared, a testator or the person preparing the will should understand value of his property or estate. He should also be fully aware of the people to whom his belongings will be transferred.
For a will to be valid, it must meet several legal requirements. The laws for validating a will vary from state to state, usually requiring two or more witnesses. The process of determining a will’s validity is called probate, which means to prove or testify.
After the death of a testator, an orderly procedure is needed to assist in the proper transfer of property. A probate helps in ensuring that affairs of the deceased are duly settled. It safeguards the deceased’s estate, and also helps in paying all debts and taxes. It enlists the names of people entitled to the property and the type of assets. The probate has information that helps in distributing property according to the wishes of the testator.
In most cases, a personal representative or an executor is responsible for handling and settling the deceased’s estate. His responsibilities include contacting the heirs and creditors concerning probate proceedings. He determines and pays for state, federal and income taxes. If necessary, the executor may have to sell some part of the property in order to pay pending taxes and expenses.
Probate courts handle issues such as name changes and guardianship proceedings. They handle proving the will, appointing an executor, and settling the estate. When a person applies for probate, he is promising the probate court that he will deal with the estate, as set out in the will and according to law. If he doesn’t follow the proceedings of the will, he may have trouble with the court and with the people who should benefit from the will. When there is no will or there are no executors named in the will or the executors have died, the official form is called a letter of administration.
By: Josh Riverside
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