Friday, July 2, 2010

What exactly is a will?

A Will is an official document written according to local state law that allows a person to dictate how their remaining estate will be distributed after their passing; property that is divided into two categories: "real property" and "personal property." Real property would be anything of a permanent nature that is located on or under the land, things such as houses or other structures. Personal property is everything else; ranging from a photograph to clothing to money.

Now, in order to be able to write a will, the executor needs to decide which type of will he or she wishes to write. There are only two choices of wills that can be officially endorsed by the state of Maryland and any other type would not be counted as your official will.

A formal will is a will that is written and signed by the testator, the person writing the will, in front of two competant witnesses that must also sign an attestation clause. Although unecessary by law, having the two witnesses attest to your will will help it more easily be executed and your possessions distributed according to your wishes.

A holographic will is one that is written by hand by the testator of the will in front of no other witnesses. However, the will itself is not endorsed by Maryland law until the testator personally has two other witnesses sign the will.

Certainly one may have further questions than these when planning their estate. As such, it is highly recommended that one consult with a Maryland estate lawyer so that unfortunate costly mistakes can easily be avoided.

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