
What if I die without a will? Dying without making a will means you’ll have no say over who receives your property. State laws will decide. In some states, only 1/2 of one’s assets go to the surviving spouse. Depending on your situation, the rest would go to your children, parents or close relatives. If you have minor children, a judge will decide who cares for them, and the situation may not be ideal.
Should I get a living trust instead? Depending on where you live and the size of your estate, a living trust could be a more efficient way to distribute your assets. You can avoid going through the time and expense of a probate proceeding, in which a court reviews your will, appoints your executor and orders the distribution of your property. A living trust requires more work than a last will. You must transfer your assets into the name of the trust after its creation. This process is often called trust funding.
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What happens if you make a new last will (which revokes all prior last wills) and then decide that you like your old last will better? You need to make an entirely new last will that replaces the new one and mimics the old one. The old last will is invalid and cannot be revived after it has been revoked.
One way to make changes to a last will, without revoking it entirely, is to make a codicil, which is an amendment to a last will. However, a codicil must be signed and witnessed just like a last will, so it may be easier to make an entirely new last will. Be sure not to make changes to your last will after it has been witnessed and signed. If you cross out a person’s name or add clauses to a last will that has already been signed, you risk making the whole last will invalid.
Examples of such secured debts are mortgages or auto loans. If a piece of property is collateral for a secured debt, that property can be distributed, but the debt will generally go with it. For instance, say you have a car worth $10,000 and a loan on the car of $5,000. You can leave the car to someone in your will, but it will be that person’s obligation to pay off the loan.
What happens if you owe more than you own? In general, people cannot inherit another person’s debts. If there is not enough cash in the estate to pay debts, all property of the estate will be sold to pay the debts and no one will inherit anything. For example, if someone dies owing $12,000 in credit card debt, but has cash and property worth only $10,000, the property will be sold and the $10,000 will be paid to the credit card issuer.
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