What is a will?
A will is a formally signed and witnessed document by which a person disposes his or her property upon death.

Do I need a will?
You should have a will if you want to insure that it is you who decides how your property and assets will be distributed and divided upon death. A will also makes sure that your loved ones receive your property and assets. Most importantly, if you don't want the state meddling in your property, you should have a will.

Am I qualified to have a will?
If you are over 18 years of age and of "sound mind", you can qualify to have a will.

What does the phrase "sound mind" mean?
It means that you have not been threatened, harassed, cajoled, or forced into writing your will. A will must be written freely and voluntarily. If you feel that you're being forced into writing a will, you should call a lawyer right away.

What types of property can I put in a will?
You can put any property that you own outright into your will. For example, cash and bank accounts, life insurance, stocks and mutual funds, bonds, business ownership, real estate, personal property, pension plans, employee benefits, and profit-sharing plans.

Who can be a beneficiary?
You can appoint any person or organization as a beneficiary in your will, such as family members, any children (legitimate or illegitimate), corporations, charities, creditors, debtors, friends, acquaintances, and even strangers. However, the following people cannot be named as beneficiaries: the attorney who may prepare your will, all people witnessing your will, an unincorporated association (since such associations have no legal authority to hold property).

What is probate court?
In probate court, the will of a person who has died is filed, and then proven to be valid (usually done by a Self-Approving Affidavit; prepared and notarized at the time the will is signed). Next, the court appoints an executor who locates all the property of the deceased. Debts and taxes are then paid, and the remaining property and assets are distributed as the will directs.

What is an estate?
An estate is all the property and assets owned by an individual.

What does an executor do?
An executor is the person you name to have authority to carry out the terms of your will. In some states this person is also called a "Personal representative" or "administrator".

What can I put in my will?
In a will you may make specific gifts of cash, real estate, or personal property to anyone. You may make specific gifts of certain shares of your estate. You may disinherit anyone from receiving anything from your estate. You may make a gift of the rest (residue) of your assets to anyone. You may choose an executor to administer your estate. You may choose a guardian for any minor children. You may set up a trust and choose a trustee for children's gifts. You may declare your intention to be an organ donor. And you may declare your choice for funeral or cremation arrangements.

What is attestation?
Attestation is the act of signing a will by a witness.

What is a bequest?
This is an old term for a gift (the granting of personal property to another person in a will). This is the same as a "legacy".

What is a codicil?
Any time you need to change a will, you need to draw up a codicil, or a formally signed supplement or amendment to a will.

What is a guardian?
A guardian is a person with the legal authority and duty to care for another person and/or another person's property. Usually, a guardian is appointed for children until they reach age of legal maturity.

What is an heir?
An heir is a person who inherits from a another person by court decision if there is no will present. In a will, this person is known as a "beneficiary".

What is a holographic will?
This is a will entirely handwritten by the testator (the person who makes a will). In most states, such a will is no longer valid, and can be ignored. You should always type your will.

What does intestate mean?
This means that a person has died without leaving a valid will.

Who can be a witness?
A witness is a person who testifies by of his or her signature that you indeed did sign your will in front of them, without force or influence. A witness must be mentally competent and over 18 years of age. A witness cannot be a beneficiary of your will. You cannot select your spouse or children as witnesses.

Do I need a lawyer to write a will?
No, you do not need a lawyer, since you can easily do all the work yourself. You should consider a lawyer only if you have a complicated and extensive estate.

What is a living will?
In a living will, a person declares the medical procedures he or she wants and does not want, when terminally ill. Generally, a living will applies only to comatose patients who can no longer communicate their wishes to terminate life-support systems.

What's the difference between a will and a living will?
A living will deals only with medical issues, and takes effect before death, if a person is comatose and cannot communicate what his or her wishes are about his or her medical condition. A will, on the other hand, deals with a person's property and assets, and comes into effect only upon that person's death.

What is a durable power of attorney?
This is the authorization given to a person to act on another person's behalf when that person is comatose and cannot act or communicate on his or her own behalf.

How do I change my living will?
Simply write a new living will that reflects your current situation and destroy your old will. In some states a living will is automatically revoked after a set number of years.

Can I cancel my living will?
Yes, you can simply rip it up, or write "canceled" across each page, in large letters.

Can I change or cancel my will?
Yes, you can either cancel or change your will. To change your will, you will need to prepare a codicil that specifically states the changes you want to make in your will. If you want to cancel your will, you can either destroy all copies of your will, or you can write a Revocation of Will, in which you state that you want to revoke or cancel your will.