Everybody should have a will, got just
the rich. Even small legacies can pre
sent survivors with a costly problem.
Headache?
LAW r:&SjL
by
Joseph
N. Bell
About half the Americans who die each year leave no will. Thus their
legacy creates complicated problems for their survivors.
If a person leaves no will, the state in which he lived directs distribu
tion of his property. And state laws vary widely on thus point All pre
scribe a fixed share for the surviving spouse, but this varies from one
third or one-half to a sliding scale based ort the number of children.
In most states, the wife gets one-third of the property, and the other
two-thirds is divided equally among the children. But until the children
come of age and can claim their inheritance, the mother must get a court
order to use-any of the children's money to meet everyday expenses.
Although state laws must distribute unbequeathed property by a stock
formula, it may be a very poor formula, indeed, for your family.
So, it's important that you know the inheritance laws of your state and
make a will to comply with them.
What's involved in making a will? That, of course, depends on the
complexity of your estate and the bequests you want to make. But here
are a few general rules to remember: -
1. In 19 states, a will entirely in your own handwriting and dated is legal
if labeled clearly as a will. In the other states (and in the 19, if
printed or typewritten) ,Hhe will must be witnessed by either two or
three persons.
2. Witnesses must be adults who have no interest in the estate. They
should watch you initial each page of the will and sign at the end
before they sign their own names and addresses.
3. A will can be changed by adding a properly witnessed codicil; but it's
safer to make a whole new will.
4. It's better to state bequests in terms of percentages of the estate than
in actual cash value, which may change considerably.
5. Bequests should be thoughtful, specific, and stated in easily under
stood language. ("Between" and "among," for example, have very
different meanings in a legal document.)
6. Don't leave will-making to the last moment when you might deal un
justly with deserving heirs.
7. In many states, a will is revoked by the birth of a child.
8. In most states, a divorce does not revoke a will.
9. If you move from one state to another, your will may have to be
changed to comply with the laws of the new state.
10. If possible, consult a lawyer. A simple will probably won't cost you
more than $25. ,
Family Weekly, April 14. 1951 21
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