Cautions

Cautions

Your will should have no correction fluid or erasure marks. If, for some reason, it is impossible to make a will without corrections, they should be initialed by you and both witnesses. The pages should be fastened together and they should state at the bottom, "page 1 of 3," "page 2 of 3," etc. If you are using a self-proved affidavit page or notary page, you should include this page in the numbering of the pages to be sure it is counted as part of your will. Each page should be initialed by you and by the witnesses.

  • What is a Will?
    A last will is a document that you create to direct the management and distribution of your property and provide for the care of your minor children after your death. The importance of a last will cannot be overstated. A last will is arguably the most important legal document that the average...
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  • Leaving Property to Heirs in a Will
    A typical last will contains two types of gifts: specific and general. Specific gifts, which leave a particular object or dollar amount to a particular person, are optional, but are generally the first items of property that are distributed from a last will. A specific gift might read: "I leave to...
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  • Last Wills and Probate Court
    Probate is the legal process through which the court decides how your property will be divided. If you have a last will, the court will review that document to determine your wishes and will follow those wishes unless the last will is successfully contested by your heirs. If you do not have a last...
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  • Joint Tenancy
    Property that is owned in joint tenancy with right of survivorship does not pass under a will. If a will gives property to one person but it is already in a joint account with another person, the will is usually ignored and the joint owner of the account gets the property. The property in the...
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  • Overruling Your Will
    If all property is in joint ownership or if all property is distributed through a will, things are simple. But when some property passes by each method, a person's plans may not be fulfilled. Example 1: Bill's will leaves all his property to his sister, Mary. Bill dies owning a house jointly with...
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  • Tenancy in Common
    Property that is owned by more than one person but not owned in joint tenancy with right of survivorship or in tenancy by the entireties is often owned in a tenancy in common. This means that each person owns part of the property (such as one half or one third), and upon each person's death, the...
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