Wills

A will is a written document created primarily to dispose of a person's (testator's) property upon his or her death.  Wills may be amended or revoked (cancelled) at any time during the lifetime of the testator.  Wills serve the following purposes:

  § To dispose of property after death to those you choose.  If you do not have a will (or a trust), your property will pass via "intestate succession" to heirs chosen by the state;

  § To nominate a guardian to care for minor children in the event you and your spouse are unable to due to death or incapacity.  If you don't nominate a guardian, your desire as to who will serve may never be known and the court may appoint somebody unacceptable to you.  Since guardians may not be nominated via a trust, those with a living trust should also have a will;

  § To complement a living trust.  Some property is not suitable for a living trust and some may be acquired after the trust is created but not transferred to it.  A "pour-over" will can provide for this property by transferring it to the trust after you pass so that all of your property can be managed or disposed of via the trust according to one consistent plan;

       § To leave directions respecting the disposition of your remains.