In a will should the possesions be divided equally?

Answer 1

Answer: If you die without a valid will, your assets will be distributed according to state law (or provincial law in Canada) that may not necessarily conform to your wishes. Many people assume their possessions will automatically go to their spouse which is not always true. In many states, possessions are divided equally between the spouse and the children, and limits are placed on how a child's share can be spent. So, even if your spouse has custody of your children, the state could dictate how your spouse manages your children's inheritance. In many states, the law does not make provisions for people who are not related to you by blood or marriage. If you wish to leave money or possessions to a step-child or a companion to whom you are not married (as examples), a valid will is your assurancethat those people will be taken care of. Children are another consideration. Without a valid will stating who should care for your children, a court may be left to make that decision in your absence. That's something you don't want to leave to chance. The emotional loss of a loved one is hard enough for the surviving family to deal with. A will can help ease that pain by taking care of the details that will matter once you're gone. The question as to whether one's will should state that his/her possessions be divided equally is a choice that belongs solely to the owner of the will. Put another way, there's no law that forces a person to determine how his/her possessions must be distributed as well as who is/are the recipient(s). The moral of this answer: Have a legal will drawn up; as it's your only assurance that your estate will be distributed as you see fit. Also remember that as time goes by and circumstances change, you can always legally amend your will via a codicil. Note: While any person over the age of majority and of sound mind can draft his or her own will (with two witnesses) without the aid of an attorney, it is strongly advised that a will be drawn up by an attorney or a certified notary who specializes in wills and related documents such as Power of Attorney, Living will, etc. This form of will is commonly referred to as a legal will and will accelerate the will probate process. The word probate means to prove or validate. Probate is the procedure by which a will is approved by the Court as the valid and last will of a deceased testator (the person who made the will). It also confirms the appointment of the person named as executor in the will. The Court gives the executor documents, called the letters probate, as proof of his or her authority to deal with the estate.