Free Indiana Last Will and Testament
What is a Last Will and Testament?
Providing it is prepared and signed correctly by a person of legal age and of sound mind, an Indiana Last Will and Testament is a formal document that determines the way your property will be managed after your death. The one who writes a last will is called a testator. Once they pass away, they can also be referred to as the decedent. The testator might also appoint a guardian for their kids in the will to make sure there's somebody who can protect the children till they become adults or until they reach a particular age.
In the event that an individual passes away without having a legitimate Indiana Last Will and Testament (which for most states means it must be properly witnessed, not only signed), someone will usually be chosen by the court to be the personal representative and pay off the decedent’s outstanding debts, utilizing assets as necessary to do so. Next, the leftover assets will be dispersed among the decedent’s heirs in line with the laws of the state the decedent lived in.
In several states, when one spouse dies leaving their partner, that surviving spouse will end up with all of the decedent’s assets in the absence of a Last Will containing the opposite. Additionally, the testator could have selected a certain beneficiary to obtain a life insurance policy, retirement account, or some other asset, and this beneficiary designation will dictate who acquires those assets in the absence of a Last Will and Testament.
The crucial thing to pay attention to is that any person who wishes to designate how their assets will be distributed after their passing should create and properly execute a Last Will to make sure that their wishes are recognized and fulfilled. With no last will, you might be leaving it up to chance, the laws of the state, or a court of law in respect of how your last affairs will be taken care of.
Legal Requirements for Last Will in Indiana
The Last Will and Testament is a document created by a sane person who wants to fix one’s wishes concerning one’s property and the order of inheritance in case of death. This has to be a legal document so that the will was fulfilled but to make it legal in many of the states of the USA, and a person has to “witness” it with the help of a lawyer. Lawyers use the term “decedent” to refer to the person who dies and leaves the final will.
In the Last Will and Testament, the decedent can name the person who will be responsible for the rest of the affairs after the testator’s death. Usually, this is a close person, often a family member or a close friend of the family, someone who is considered to be responsible and trustworthy. This role is called a ‘representative” (there might be more than one representative). The representative will have to check if all the debts of the decedent are dealt with and if the property left after paying the debts is distributed in accordance with the decedent's will.
It might turn out to be that the deceased person did not leave the Last Will document before their death. Thus, his or her final will is unknown. In such cases, the court chooses one of his/her relatives or close friends to become a representative, who will have to perform all the steps and functions required from a legal representative. The assets, which are not used to pay the debts, will be provided to the heirs in accordance with the law.
In case if the decedent had small children, the Last Will document might also include the information on who will be responsible for their guardianship.
In each state of the USA, there are different rules on the Last Will paper creation, including the difference in the legalization procedure. In Indiana, a person, after building his/her Last Will document, does not need to attend the lawyer to confirm its realness (notarize). Usually, it is enough to list the wishes on the paper and sign it so that the document becomes legal.
In the majority of cases, it is possible (and necessary) to include the following points in the Last Will and Testament:
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It is needed to state who is going to be your representative (or representatives) — usually referred to as the executors
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If you have minor children, name the guardian, who will take care of them in case of your death
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Name those who will inherit your property in case of your death. These people are called “beneficiaries” and usually are the relatives (spouses, children, parents, or others) or close friends
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State your property: itemize the property units — the assets which will be inherited by the beneficiaries
These are the most important, key points which every Last Will and Testament has to cover. After you created a document, it is recommended to sign it by you, by a witness (someone from the surrounding), and put the paper into a safe place.
