Wills Frequently Asked Questions
Does my estate go to the government if I don’t have a Will?
No. If you die intestate, or without a will, state law provides for the distribution of your assets to your family. It is only if you have no family that a person’s estate may escheat, or revert, to the state.
What other documents should I prepare besides a Will?
You may want to consider making a Healthcare Power of Attorney, a Power of Attorney and a Living Will.
What is a Healthcare Power of Attorney?
A Healthcare Power of Attorney is a document which designates another person to make healthcare decisions on your behalf when a doctor determines that you are not able to make or communicate healthcare decisions.
Why do I need a Will?
A will can make your wishes known regarding the distribution of your assets, and provide a different distribution than the default statutory provision. If you and your spouse have children, you can name a guardian and a trustee to ensure that you, not the courts, decide who should take care of your children.
What is a Living Will?
A Living Will is a document which states a person’s desires regarding life prolonging measures when they are not able to make or communicate those desires.
What is a Power of Attorney?
A Power of Attorney is a document that allows someone else to take a variety of actions on your behalf. You choose the breadth of actions that someone can take for you, and you choose when it will take effect — whether it be immediately, upon a stated occurrence or event, or when you become incompetent.
