MAIN Home Life Home Legal Guide Wills & Estates

Although the last will and testament is not always a favorite topic of discussion, there's peace of mind in knowing that you can continue to take care of family and loved ones after you're gone.

Perhaps just as importantly, a living will also provides for your advance directives to be followed to the letter of the law - in the event that extraordinary methods are used by the medical profession against your wishes.

Dying without a will

U.S. state laws have made it easier for families to inherit money or property from a departed loved one who has died "intestate" or has left no will. However, it is always preferred that specific instructions be left so that all one's worldly possessions NOT be decided by a local probate court.

In many cases, a surviving spouse automatically gets the full estate. If there are children, then the spouse normally receives more or an equal amount to share with her children, depending on local law. Of course, if there are no surviving relatives, the lifetime of earnings and property of the deceased are automatically inherited by the state.

Gay, lesbian, and other domestic partnerships

Many federal or local governments still do not recognize the legality of same-sex marriages, so it is incumbent on domestic partners to have wills & estates "airtight" in order to ensure that their personal wishes are fufilled upon their death. Proper filing of powers-of-attorney forms are also crucial should one partner become seriously ill or unable to handle their own financial affairs.

Wills & estates on the Web:

Around the Web, check out basic facts and information on what to do (and not do) at top sites offering expert advice and how to's for do-it-yourself estate planning, wills, living wills and trusts...

FindLaw - Wills - A great cache of articles on the subject with basic information on writing a will, with additional details on codicils, changes and amendments, willing property, special property rules for married couples, and even disinheriting those pesky family members, with more on Estate Planning.

Will & Estate Planning - Legal Encyclopedia - Nolo - With expert legal info on estate planning basics, wills, living trusts, medical powers of attorney, guardianships, life insurance and funeral prepayment plans, estate taxes.

Crash Course in Wills and Trusts - Get a college education in estate planning, trusts and wills with expert how-to's on the probate process, duties of the executor, setting up a trust, comparing trusts and wills, tax issues, using life insurance in estate planning, specialized trusts and estate planning tools.

American Bar Association - Real Property, Probate, and Trust Law - With a complete FAQ on basic will execution together with advice on revocable trusts, power of attorney, living wills and advance directives, health care proxies, advanced health care directives, guidelines for individual executors and trustees, and the lawyers role in estate planning.

Robert Clofine's Elder Law and Estate Planning Page - The site that answers the question "The Safe Deposit Box--Who Gets Access When You Die?" along with lots more on wills and estate planning, the latest tax and social security law changes, nursing homes and asset protection, living trusts, powers of attorney and related issues.

Legalscribe.com - Sample wills, sample trusts, power of attorney forms, and living wills, plus hints and pointers, glossary of terms.

also see feature article -> Estate Planning & Life Insurance

also in Home Legal Advisor -> Inheritance | Social Security

The information provided on these pages is intended as reference
only and does not constitute professional legal advice.