 |
|
 |
 |
|
Last Will Form FAQ
User Questions About our Last Will Form
- Disinherited children. Q: I have named my children as requested by your questionnaire but do not want to leave them anything due to an estrangement that has lasted for 30 years. I do not see a place in the form to specifically exclude them. Do you have such a form or is this form editable once I have purchased it.
Response: We do not have a section in the standard template for specifically stating that a descendant is disinherited. However, users who purchase can received the form in Microsoft® Word format (which is editable). If, after purchase, you have any trouble getting a Word version of the document off of our server, please email me and I'll get it for you. With the Word version, you may add a paragraph to the last will indicating that you commission of your children as beneficiaries was intentional.
- Specific bequest. Q: I own land and equipment and want to leave it to a specific person. How do I do this?
Response: This is called a specific bequest. You can designate specific bequests of certain items of your property in response to question 18 of our last will questionnaire. Here is an example of designation of specific bequests. One thing to keep in mind, however, is the identify of your remainder beneficiaries who take the remainder of the estate after payment of all debts, expenses, taxes, and specific bequests. If your remainder beneficiary is the same as the intended beneficiary of your specific bequest, then there is no need to make the specific bequest with one caveat. Expenses and debts are paid first out of the remainder of the estate and lastly out of specific bequests. If these is one assets you want to be the last to go from your estate in the case of estate debts, it might be prudent to name it in a specific bequest.
- Testamentary capacity. Q: My mother has been moved to a nursing home. Can she still execute a last will?
Response: Adults are presumed to possess sufficient mental capacity (the legal term is "testamentary capacity") to execute a last will. The burden is on those who challenge a will to prove that the testator lacked testamentary capacity. Wikipedia does a good job of summarizing the topic. A common definition of the term is, "Testamentary capacity requires that the person comprehend the nature and extent of his or her property, the persons who are the natural objects of his or her bounty and the dispositive effect of the act of executing the will." Link. Is one deemed automatically lacking capacity if a resident at a nursing home? No, a resident in a nursing home can possess capacity although I think such an individual invites more scrunity from a court. Here is a link to an article on a related concept of contractual capacity for execution of POAs.
- General information regarding our copyrighted, online legal forms system (yes, purchasing users get an editable version of the form).
Add A Comment
|
DISCLAIMER
The above is provided for informational purposes only and is NOT to be relied upon as legal advice. No attorney-client relationship is established by use of our online legal forms system. THESE FORMS ARE SOLD ON AN "AS IS" BASIS WITH NO WARRANTIES OR GUARANTIES.
|
|
|
 |
|
 |
