What is a Last Will and Testament


A Idaho Last Will and Testament, when prepared and executed properly by a person who is an adult of sound mind with legal responsibility for his- or herself, is a formal document that specifies how their assets or estate will be managed and distributed after their death. The person who dies is formally referred to as the decedent. If the decedent has minor children, the Last Will and Testament may also be used to designate who they want to care for their children and who they wish to handle their childrenís inheritance/finances until each child comes of age (usually 18, but you can designate a different age) to handle their finances on their own.

In a Last Will and Testament, the decedent usually also names a personal representativeóor co-personal representatives (two or more persons acting together in this capacity)óto manage the matters of the estate. The personal representative is the person who gathers all of the information about the decedentís debts and assets, pays outstanding debts using the assets on behalf of the estate, and ensures that the decedentís property is distributed as specified in the Will, so this is a job with a lot of responsibility, and the personal representative selected is usually someone the decedent really trusts to follow through on the details and with his or her wishes.

If a person dies without having a valid Last Will and Testament (which usuallyóin most statesómeans it must be properly witnessed, as wellónot just signed), someone will usually be appointed by the court to be the personal representative and will pay the decedentís debts, liquidizing assets as necessary to do so. Then the remaining assets will be distributed among the decedentís heirs according to the laws of the state the decedent lived in.

In some states, if one spouse dies leaving behind a husband or wife, that living spouse will inherit all of the decedentís property in the absence of a Last Will and Testament stating to the contrary. In other cases, the decedent may have specified a particular beneficiary to inherit a life insurance policy, retirement account, or other asset, and that beneficiary designation will dictate who receives those assets in the absence of a Idaho Last Will and Testament.

The important thing to note is that anyone who wishes to designate how their assets will be distributed after their death should prepare and properly execute a Last Will and Testament to ensure their wishes are known and honored. If they donít, they may be leaving it up to chance, the laws of the state in which they reside at the time of their death, or a court of law as to how their final affairs will be settled.  Idaho free information on last will and testament forms.

Idaho Last Will Paper

Awareness can manifest itself not only in life but also in death. To be mindful of your assets and their distribution after you die, it is recommended to create a last will. The process of creating such a document in Idaho is not very difficult, so almost anyone can do it.

Why Do You Need Last Will

First of all, this document is needed to leave clear instructions for the distribution of your property:

  • Money savings

  • Real property

  • Vehicles

  • Objects of art

  • Bank accounts

  • Other properties

But this is not the only purpose of the form. With it, you can take care of your loved ones and pets by creating an appropriate trust used to provide them with proper care and attention.

You can appoint a guardian for your children who can manage the property left behind for your minor children.

Also, the document is widely used to appoint a representative of the deceased, who will be responsible for the proper division of property based on the wishes of the deceased.

Document Drafting Rules

For a form to be legal, it must comply with certain rules:

  1. Only the written form of the document is allowed

  2. The testator must be at least 18 years of age (exceptions are possible for emancipated minors)

  3. The testator must be of sound mind at the time of drawing up the document

  4. The document must be signed by the testator and two witnesses

At the same time, in the state of Idaho, there are no restrictions on who can act as a beneficiary according to the last will.

But there are exceptions to what shared property might include. So, according to the laws of Idaho, you cannot include in a will:

  • Property in a joint lease with the right of inheritance

  • Any community property

What Will Happen If You Don't Leave Last Will?

Do not worry if you have not left written instructions, and this will not mean that all your property will go to the state. According to state law, the property will be distributed among your next of kin: spouse, children, parents. And if there are no such relatives left, then the inheritance will go to more distant ones.

Composing the Last Will will give you control over the situation and save your loved ones from unpleasant consequences after your death.

Modifying or Canceling a Form

We are all people, and we can change our opinions. Therefore, you will be able to make changes or cancel the document at any time before your death.

To do this, you will need to do one of the following:

  • Create an addendum to an existing document

  • Create a new document overriding the action of the previous one

  • Destroy the existing document



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