Last Will And Testament Replace Alternative Choice

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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
A living trust (also known as a "revocable trust" or "inter vivos trust") can be an alternative to a will. Like a will, a living trust may direct the distribution of your property upon your death. And, like a will, a living trust may be altered, or revoked, at any time prior to your death.
What If There Is No Named Executor in a Will? ... The testator is allowed to choose any competent adult to serve as executor, and most wills appoint an executor of the estate. However, if the will does not mention an executor, the probate court will appoint someone to be the executor.
The testator is allowed to choose any competent adult to serve as executor, and most wills appoint an executor of the estate. However, if the will does not mention an executor, the probate court will appoint someone to be the executor.
Anyone aged 18 or above can be an executor of your will. There's no rule against people named in your will as beneficiaries being your executors. Many people choose their spouse or civil partner or their children to be an executor.
Executors do not have to answer every single question you have. They have to keep you informed. Estate beneficiaries can take an active role by questioning executors. Beneficiaries can't insist on any distribution until the will has been probated.
When you are named executor of estate in a deceased person's will, this does not automatically mean that you will become the executor in every case. ... If the person who the deceased selected to serve as executor is not interested in taking on this obligation, the court will not appoint that individual as executor.
Both are useful estate planning devices that serve different purposes, and both can work together to create a complete estate plan. One main difference between a will and a trust is that a will goes into effect only after you die, while a trust takes effect as soon as you create it.
But you still need a will since most trusts deal only with specific assets such as life insurance or a piece of property, but not the sum total of your holdings. Even if you have what's known as a revocable living trust in which you can put the bulk of your assets, you still need what's known as a pour-over will.
Your will or trust will not override what is named in the beneficiary designation on a life insurance policy, annuity, or retirement account (like an IRA or 401(k) plan). The beneficiary designation takes precedence, or as one poker player put it "the beneficiary designation trumps the will."
Wills and Trusts are both estate planning documents used to pass assets on to beneficiaries at death. ... Here are five ways in which a Trust is better than a Will to pass your estate to your beneficiaries. A Trust can be used to Avoid Probate a Will cannot.
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