FAQs regarding Wills:

What happens if I die without a will?
If you don't make a will or use some other legal method to transfer your property when you die, state law will determine what happens to your property. Generally, it will go to your spouse and children or, if you have neither, to your other closest relatives. If no relatives can be found to inherit your property, it will go to the state.
In addition, in the absence of a will, a court will determine who will care for your young children and their property if the other parent is unavailable or unfit.
If you are part of an unmarried same-sex couple, your surviving partner will not inherit anything unless you live in one of the few states that allows registered domestic partners to inherit like spouses: California, Connecticut, Maine, New Jersey, and Vermont.


What is a Will?
A Will is a document containing directions setting out how the property of the person making the Will (the “Testator”) shall be distributed upon his or her death.

Are my debts forgiven when I die?
No.
One of the duties of an Executor is to determine the debts, including taxes, of the deceased person. The Executor must determine what debts you have and must satisfy those debts, including taxes, from the proceeds of your Estate prior to distributing your Estate to your Beneficiaries.

What happens with insurance proceeds when I die?
The death benefit payable under a life insurance policy is received tax free by the deceased’s Estate or by one or more named Beneficiaries. Insurance proceeds left to your Estate are then dealt with pursuant to your intentions set-out in your Will. Insurance proceeds left to a specific named Beneficiary do not form part of your Estate and pass directly to the named Beneficiary.

I saw a Will kit at a store. Why can’t I just use that?
Only an attorney can legally draft a will for a person, unless a person drafts his own will. Wills that are personally drafted with the help of a will form from a store are often incomplete, and therefore invalid under state law. An invalid will is worthless. Kits for writing a will are normally not state-specific. If your will fails to follow state law, it will be invalid