What Is a Will?
A will is a key element of your overall estate plan, which directly addresses your financial legacy. Your will is a legal document that will guide how your assets are distributed upon your death. If you don’t have a will in place, any asset that isn’t otherwise addressed – such as in a joint account, a trust or an account/instrument that is left to designated beneficiaries – will be distributed according to Pennsylvania’s inheritance laws for dying without a will, which may be in stark contrast to your own wishes. While you very likely have many, many years of life ahead, it’s not too soon to address your estate planning needs, and an experienced Harrisburg, Pennsylvania, estate planning lawyer can help.
Your Will Expresses Your Wishes
Your will is your expression of how you want your assets to be distributed after your death, and for it to be legally binding, all the following must apply:
- You were at least 18 years old when you created it – minors are not eligible to sign contracts in Pennsylvania.
- You were of sound mind and had the necessary mental capacity when you created the will. This means that unless you have been declared legally incompetent or incapacitated, or if there are no other circumstances that impact your ability to understand and make important decisions, your will, it should be valid.
- The will is either typed, written, or printed on paper. No oral or video wills, without an accompanying written document are acceptable under PA law.
- You signed the will.
- The will is dated.
A primary concern when it comes to your will is naming an executor who will ensure that it is administered in accordance with your included wishes when the time comes. Further, if you have children, your will is critical and represents an opportunity to address their guardianship/distribution of the timing and use of monies from your estate for their benefit, in the unlikely event that you and their other parent die prior to them reaching adulthood.
If You Pass without a Will
If you die without a will, your estate will be distributed in accordance with the state laws of intestacy. This is true even if you verbally expressed your desire for specific assets to go to specific individuals throughout your lifetime.
If Your Will Is Self-Proven
If your will is self-proven, it automatically qualifies as an authentic will, which means it can proceed through a streamlined probate process. To be self-proven, you and two witnesses must have sworn to its authenticity in an affidavit that was executed before a notary, which should be attached to the will itself. When this happens, the court automatically accepts the document’s authenticity. When a will’s authenticity is unchallenged in the probate process, the same simplified procedure applies. Many “self-help” wills (pulled from the internet) done without counsel are not self-proving.
An Experienced Harrisburg Estate Planning Attorney Is on Your Side
The practiced Harrisburg, Pennsylvania, estate planning attorneys at Cunningham, Chernicoff & Warshawsky, P.C., employ the full force of our imposing experience and legal skill on behalf of every client we represent, and we welcome the opportunity to also serve you. Your will is an important element of your overall estate planning, so please don’t wait to reach out and contact us online or call 717-260-3527 for more information about what we can do to help you today.