A primary purpose of a will is to provide written direction as to how, and to whom your property and money are to be distributed after your death.
A will normally must be probated in court. Probate is a process where a court decides how your estate (money and property) will be disposed of after your death either by following your will or a process called intestate succession meaning you died without a will.
There are various ways to avoid or limit probate expenses, but it is always wise to have a will to prevent a future problem for your family if something is overlooked.
In addition to deciding how to distribute your property after your death, a will may provide that someone will receive nothing.
Another primary purpose of a will is to appoint a guardian for your minor or incapacitated children. In most states a child has the right to object to an appointment if the child is over a statutory age — usually 14. Many states also allow appointment of a guardian for an incapacitated spouse. An appointment of a guardian for children in a will normally takes effect after the death of both parents.
The appointment of a proposed guardian must be approved by a proper court, but approval is normally given unless older children object or there is some good reason the proposed guardian is deemed unfit.
A will is needed to maintain harmony and to avoid fights between your heirs (children) over who gets your money and property; and, to avoid conflicts between competing persons who may want to raise your children in the event of your death.
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