Friday, 2 January 2015

I f I write a will and in this will I write in the will that I do not want my estate to be probated. I also write I am naming two executor...

Question

I f I write a will and in this will I write

in the will that I do not want my estate to be probated.

I also write I am naming two executors or personal representatives

I am writing in my will that I am leaving it up to them to decide where or who to

distribute my assets to. I have it witnessed and notarized with my signature.

Can I do this with out naming anyone? My representitives know what I have mentioned and I change my mind from time to time -so I will let thgem decide. I will be dead so --Can I do this this way will it be acceptable



Answer

Actually just the opposite. There is not a will in the history of mankind that does not go through probate if a person dies and their assets are in their individual name and do not have a beneficiary, joint owner or in a trust. Wills go through probate and you have to die to give it life and the probate court processes it.

Consider a living trust or transfer on death to avoid probate.



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