Womack Report

May 2, 2007

Business Law, May 2

Filed under: Law,Notes,School — Phillip Womack @ 1:52 pm

Wills Testator — Person who writes a will

Probate — The process of establishing the validity of a will and carrying out the administration of the estate

Executor — Person designated by testator to handle will. If there is no executor named, willing, or able to perform, courts must designate one.

Any property named in the will is being gifted to the named recipient. If it is a gift of real estate, it is called a device. If it is personal property, it is a bequest.

Requirements for a valid will vary by state. Generally, must be of legal capacity. Must be of sound mind. Must have intent to create will. Must be in writing. Must be signed by testator. Will must be witnessed, but number of witnesses varies by state. In some states, wills must be published.

Wills can be invalidated by destroying the will, by making a newer will, or by operation of law.

There are many types of trusts, and wills can result in the formation of trusts.

Elder Law is the body of law intended to assist elderly people and their families in dealing with disability, long-term health care, and other age-related problems.

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