mardi 4 février 2014

Learning More About Wills Hawaii

By Serena Price


A will is a legal document with instruction on what should be done with ones property and money after death. It is very important to plan how your property and money should be distributed once you die. Hawaii Wills allow for any spouse, children, pets and other family members to be provided for after ones death. If you want to learn more about wills Hawaii probate lawyers are always ready to help.

They include; leaving your property to individuals or organizations of your choice, naming a particular individual as the guardian to care for your children, naming a dependence person to manage the property you leave to your minor children, naming a personal representative who will ensure that the terms of your will is carried out as required.

As mentioned earlier if you die without a will, your property will be distributed according to the state intestacy laws. State intestacy laws ensure that your property is given to the closest relatives starting from your spouse and children. In case you have no spouse or child, your parents or grandchildren are given your property.

There various purposes served by lawyers. After the death of a testator, probate procedures are carried out to prove the validity of the Will. This also includes paying off taxes and debts and then distribute property as chosen in the last Will.

In Hawaii you do not need a lawyer to make a will. You can make your will using online will programmes provided online. However it is necessary to consult a lawyer in some situations. For instance, if you find that your Will might be challenged or if you want to cut your spouse out of your Will you need to consult a legal representative. However these online programmes will advise you when it is necessary to seek for a lawyers advice. To finalize your Will you are required to sign the will in front of two witnesses and your witnesses to also sign your Will.

This includes distributing available property to the people as named in the will. If the decedent did not leave any will the property then goes to the people specified by law. A probate takes a minimum of six months but habitually for a resident probate should take nine to 18 months.

Wills also give the surviving spouse right to percentage of the property depending on the time spent in marriage. If the testator had a pet, then he can specify a person who he wants to be the beneficiary owner. On the other hand, a will is not capable of diverting life insurance or retirement benefits to another beneficiary.

For a will to be self proving, both the testator and the witnesses go to the lawyers and sign an affidavit that proves who they are and each of them were in sober mind while signing the will.

It is important to name a personal representative in your Will who will ensure that your Will is carried out to the later. If you craft your will using the available online programmes, a letter will be produced by the programme to your personal representative that will explain to him or her on what the job entails. In case you do not name a personal representative on your will, the probate court appoints someone to complete the job. For those who want to have their wills Hawaii probate lawyers are the best to consult.




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