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July 25th, 2011

What is a Video Will?

(Estate Planners) - Customarily, when a person creates a last will and testament, or will, the will is drafted as a formal written document with specific language that is valid for the jurisdiction where the will is written. This will formally and legally dictates how the testator (the person making the will) wishes to dispose of and distribute their property and assets when they die.

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June 20th, 2011

What is a Pour Over Will?

(Estate Planners) - One type of testamentary instrument that is widely used in combination with a trust that was created during a person’s lifetime is a pour over will. A pour over will typically dictates that, when the testator passes away, all assets and property that they own that have not previously been transferred into the trust during the person’s lifetime automatically pour over into the trust.

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June 13th, 2011

What is an Oral Will?

(Estate Planners) - An oral will, also sometimes referred to as a nuncupative will, as the name suggests, is merely a verbal accounting of a testator of how he or she wishes for property and assets to be distributed upon death. The oral will is similar to a traditional (written) will, but is spoken. It is rare for an oral will to be used in modern times, although it is certainly a viable option in some circumstances, such as in an emergency situation where there is no time for a written will to be prepared before death occurs.

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June 6th, 2011

What is a Joint Will?

(Estate Planners) - When two people make a will together, the instrument is known as a joint will. In a joint will, the two people making the will bequeath all of their assets and property to one another. The joint will also contains provisions concerning the distribution of assets and property when the second person passes away.

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May 30th, 2011

What is a Holographic or Handwritten Will?

(Estate Planners) - The holographic or handwritten will is a “step above” having no will at all. This type of will is considered valid in many states; in fact, in almost thirty states, even a holographic or handwritten will that has not been witnessed is valid. The holographic will must be prepared in the handwriting of the testator. Even in states that recognize the validity of a handwritten will, the laws are very strict and particular.

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May 23rd, 2011

What is a Deathbed Will?

(Estate Planners) - ather than die intestate, or without a will, some people choose to create a deathbed will when they realize that their death is imminent. The deathbed will is sometimes called a holographic will. This simply refers to the fact that it is usually handwritten. Regardless of its hasty creation, there are some jurisdictions that will recognize a deathbed will as a binding and valid last will and testament.

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September 21st, 2010

Estate Probate Law

(Estate Planners) - Estate probate law deals with the property that a person has accumulated at the time of his or her death. The estate is the net worth of a person when he or she dies. If a person has more assets than liabilities, he has an estate. If he has more liabilities than assets, he does not have any estate because his creditors are entitled to his property to pay the debts that he owes. For example, if James has a house worth $100,000 but still owes $30,000 on his mortgage, then his net worth is $70,000. However, if he has a checking account

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