There are a few misconceptions about wills and probate. A lot of people don’t know what the law really says about it.
What Is A Will?
Will is any document that clearly conveys the last desire of the deceased on how his or her property should be shared.
What Is A Probate?
While probate is a document legally proven as the last statement of the deceased about his or her will.
It is therefore important to be familiar with them so as to avail any future problem(s).
State Owns Everything In The Absence Of A Will
Even though state laws exist governing the distribution of properties in the absence of a will, the ball doesn’t roll to them instantly.
If you die intestate i.e without a will, the first people in the queue are your spouse(s) and children. The properties will be shared among them accordingly. However, it depends on the law.
In case they are nowhere to be found, the state is not the next in the queue. Your relatives are next. However, should in case they are not found, the state gets it all. When a relative shows up, the legal term is called ‘escheat’. You may download a last will and testament form online.
Nothing Goes To The Surviving Spouse
With the fear of having his or her property donated to a charity organization or to the surviving spouse’s children from a previous marriage, many deceased spouses give nothing the surviving spouse.
This can be proven wrong depending on the state. This is legally called ‘going against the will’. In most cases, the spouse will be given the right to choose his or her desired property or assigned by the state.
The longer the time the marriage has lasted, the more rights the surviving spouse has over the deceased property.
Oldest Child Automatically Becomes The Personal Representative
Oldest children always believe that they are automatically their deceased parent’s personal representative. This is not true as the court has the final say on who to choose.
However, should in case a name is mentioned in the will, the person becomes the personal representative. If absent, the court will use the state law in selecting another person.
The above misconceptions must be taken note of in order to prevent any pitfalls in the future. Are you ready to make your will now? You may get free last will and testament form in Florida, Alaska, or any other state in US from this website.