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Writer's pictureTim Goldner

Do you have a Last Will & Testament?

Updated: Apr 24, 2021

A will or testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy.

The current Coronavirus pandemic has many people thinking about making end-of-life preparations. Maybe you have decided to buy a Term Life Insurance Policy or to finally write that Will that you have been putting off for years. Many lawyers can create a Will for you after a telephone call or a chat over Skype.


Use a Last Will & Testament if the following apply:


  • You want to set up a plan as to how your estate will be handled after death.

  • Appoint someone to be a guardian of your children in the event of your death.

  • You don't want your estate transferred to or handled by your state/government upon death.


Types of will generally include:


  • Nuncupative (non-culpatory) - oral or dictated, often limited to sailors or military personnel.

  • Holographic Will - written in the hand of the testator; in many jurisdictions, the signature and the material terms of the holographic Will must be in the handwriting of the testator.

  • Self-proved - in solemn form with affidavits of subscribing witnesses to avoid probate.

  • Notarial - will in free form and prepared by a civil-law notary (civil-law jurisdictions and Louisiana, United States).

  • Mystic - sealed until death.

  • Serviceman's Will - will of the person in active-duty military service and usually lacking certain formalities, particularly under English law.

  • Reciprocal/mirror/mutual/husband and wife wills - wills made by two or more parties (typically spouses) that make similar or identical provisions in favor of each other.

  • Joint Will - similar to reciprocal wills but one instrument; has a binding effect on the surviving testator(s).

  • unsolemn Will - will in which the executor is unnamed.

  • Will in solemn form - signed by testator and witnesses.


After having your Will written (under the supervision of a lawyer), you may ask, "Now what?" The answer is, "Find a Notary Public to witness the signing of your document." When the notary public has witnessed all signatures she will complete the remainder of the document and authenticate by affixing the state seal.


Your Notary Public in Florida provides an essential service to the community, and so Notaries Public are not restricted by the "Stay at Home Orders" currently in effect in Florida. You don't have to wait until the Coronavirus has run its course.


Contact SCG Law & Language today. I will refer you to a good lawyer who can help you prepare your Will, and as soon as you have it ready to be signed, I will help you with the Notarization.


Sources: Wikipedia, EForms.com


 
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