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Will FAQ... Page 2
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What makes a will legal?
Any adult of sound mind is entitled to make a will. (And if you're reading this article,
you're of sound mind.) Beyond that, there are just a few technical requirements:
- The will must be typewritten or computer generated (unless it is a valid handwritten
will, as discussed above).
- The document must expressly state that it's your will.
- You must date and sign the will.
- The will must be signed by at least two, or in some states, three, witnesses. They must
watch you sign the will, though they don't need to read it. Your witnesses must be people
who won't inherit anything under the will.
You don't have to have your will notarized. In many states, though, if you and your
witnesses sign an affidavit (sworn statement) before a notary public, you can help
simplify the court procedures required to prove the validity of the will after you die.
For more information, see Making
Your Will Legal.
Do I need to file my will with a court or in public records somewhere?
No. A will doesn't need to be recorded or filed with any government agency, although it
can be in a few states. Just keep your will in a safe, accessible place and be sure the
person in charge of winding up your affairs (your executor) knows where it is.
Can I use my will to name somebody to care for my young children, in case my spouse and I
both die suddenly?
Yes. If both parents of a child die while the child is still a minor, another
adult--called a "personal guardian"--must step in. You and the child's other
parent can use your wills to nominate someone to fill this position. To avert conflicts,
you should each name the same person. If a guardian is needed, a judge will appoint your
nominee as long as he or she agrees that it is in the best interest of your children.
The personal guardian will be responsible for raising your children until they become
legal adults. Of course, you should have complete confidence in the person you nominate,
and you should be certain that your nominee is willing to accept the responsibility of
raising your children should the need actually arise.
For more information, see Choosing
a Guardian for Your Children.
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