回複:老貓,請給講講如何辦遺囑?

來源: 單身老貓 2005-05-30 10:15:42 [] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (8934 bytes)
老貓這兩天較忙,所以沒有時間寫一篇文章來回答您的問題
不過上網找到一些資料,希望對您有用(下麵締東西非老貓原創,敬向原作者至謝)
The procedure for creating a valid will requires attention to detail but is not difficult. The first most basic requirement of a valid will is that it must be in writing. The next requirement is that the testator (the person creating the will) must sign it with the intent of creating a valid will. Ideally, the signature must be the same legal signature that you would use on any other legal documents with your full legal name. If you are unable to sign your will we suggest you consult with a local attorney about properly executing your will. A final requirement is that there be witnesses to the signing of the will.

It is NOT a requirement that a will be notarized. It is also not a requirement that the executed (signed) will be filed with a court or any other body. Finally, it is not a requirement that a properly signed self-proving affidavit accompany a will in order for the will to be validly executed.

Witnesses:
All states require that there be two witnesses to the signing of a will, except Vermont, which requires three witnesses to validate a will. The witnesses may be called upon to testify after your death to “prove” your will. To be competent as witnesses, they must be over the age of 18 and must have the mental capacity to know that they are acting as witnesses to the will and would be competent to testify regarding the signing of the will. In addition, the witnesses should be totally “disinterested” in the will. Examples of people who should not serve as witnesses are beneficiaries of the will and persons appointed as fiduciaries in the will. Witnesses should be carefully selected for their independence and credibility.

Self-Proving Affidavit:
A self-proving affidavit appropriate for use in your state will be included with your will if you live in a state that accepts one. A self-proved will may be admitted to probate without the testimony of the subscribing witnesses, in other words the witnesses will not be called upon later to prove the will if a self-proving affidavit has been properly prepared and signed. This affidavit is included for completeness and though they are commonly signed, it is not required that the affidavit be signed in order for your will to be validly executed. A notary must acknowledge all of the signatures on the affidavit, spaces for the notary’s signature are provided at the bottom. The affidavit may be completed at the time of the execution of the will or at a later time, and should be kept in a safe place with the will.

Will Execution Ceremony:
Conducting a will execution ceremony is not difficult and does not require an attorney. Prepare by printing the entire will. Gather your witnesses along with the unsigned will for your will execution ceremony. State in a voice that is clearly audible to all of the witnesses that you declare this (the unsigned document) to be your will and that you are asking the two persons present (three in Vermont) to act as witnesses to the will and to your signature. After declaring the document to be your will, and asking the persons present to act as witnesses, initial each page of the will in the space provided at the lower right hand corner of each page then sign the will in the space provided in full view of the witnesses. Be sure that the will is also dated and that the place of execution has been entered. The witnesses should then sign the will in the spaces provided immediately below the testator’s signature. Sign only one copy of the will. A notary is not required to acknowledge the signing of the will.

If a self-proving affidavit is also being signed at this time, a notary must also be present for the signing to acknowledge all of the signatures on the affidavit.

After the Ceremony:
After the will is executed, it should be placed in a safe place known to others. You may make photocopies of the will and make these copies available to select people, such as the individuals or organizations named as fiduciaries. Because of the likelihood that you will make changes to your will in the future, you should be wary of providing copies of it to all of the beneficiaries. You should review your will periodically, especially when your family or economic circumstances change substantially.

Your Will
Provide for family, friends and charities. Name a personal guardian to care for young children. Specify the executor (or "personal representative") of your estate. Select a trusted person to manage property left to young people. Revise and update your will whenever you like.
Your Living Trust
Make a basic trust, whether you're married or single. If married, you can use an AB (bypass) trust and spare your heirs from potentially heavy estate taxes. Create subtrusts for minor children and young adults. Name custodians for property left to children. Change or revoke your trust at any time.
Your Financial Power of Attorney
Name someone to make your financial decisions, in case you are medically incapacitated -- and appoint an alternate in case that person cannot serve. Don't worry, you can grant as much authority as you wish.
Your Health Care Directive (Living Will)
Outline medical procedures that you want provided or withheld, if you can't speak for yourself. Specify whether or not you want your life prolonged through artificial means. Appoint someone to make sure your wishes are carried out.
Your Final Arrangements
Plan a funeral or other ceremony. Clarify whether you want a cremation or burial. Select someone to oversee your final arrangements -- and more!
Documents for Your Executor
Make sure your executor ("personal representative" in some states) has all the forms and instructions she needs to carry out her duties: Checklists, letters, notices, claim forms -- and more.
Personal Finance Documents
Over a dozen forms that let you handle financial situations you might face on any given day, such as disputing a credit card charge, lending or borrowing money to friends or family, creating bills of sale -- and more!
Home & Family Documents
Whether you need to authorize someone to travel with your child to another country, want to lend your car to a friend, or create an agreement with someone to take care of your elderly parent, Quicken WillMaker Plus can handle all these family situations -- and many more!
Wills and Living Trusts
Will
Self-Proving Affidavit (for Will)
Letter to Executor
Individual Living Trust
Shared Living Trust
AB Trust (aka Bypass Trust)
Certification of Trust
Assignment of Property (to Trust)
Reverse Assignment of Property (from Trust)
Revocation of Living Trust
Amendment to Living Trust
Leaving Others in Charge
Living Will (aka Health Care Directive)
Durable Power of Attorney for Finances
Information for the Attorney-in-Fact
Physician's Determination of Incapacity
Delegation Form for Attorney-in-Fact
Resignation Form for Attorney-in-Fact
Revocation Form for Recorded Durable Power of Attorney for Finances
Revocation Form for Unrecorded Durable Power of Attorney for Finances
Revocation of Health Care Directive
Final Arrangements Letter
Documents for Your Executor
Affidavit of Domicile
Employee Death Benefits Letter
Executor's Checklist
Executor's Letter to Financial Institution
General Notice of Death
Notice to Creditor of Death
Notice to Social Security Administration After Death
Notice to Homeowners' Insurance Company of Death
Notice to Vehicle Insurance Company of Death
Request for Life Insurance Claim Form
Request for Life Insurance Proceeds
Personal Finance and Consumer Documents
General Bill of Sale
Special (Limited) Power of Attorney for Finances
Revocation of Power of Attorney
Dispute Credit Card Charge
Request for Credit Report
Request Correction of Credit Report
Request Correction of Credit Report: Follow-Up
Request Correction of Creditor's Records
Creditor Verification Letter
Promissory Note (Amortized Monthly Payments)
Promissory Note (Balloon Payment)
Promissory Note (Payments of Interest Only)
Promissory Note (One Lump Sum Payment)
Security Agreement for Borrowing Money
Notice to Terminate Joint Credit Card Account
Notice to Put Name on Do Not Call List
Cancel Membership or Subscription
Documents for Home and Family
Child Care Agreement
Child Care Instructions
Authorization for Minor's Medical Treatment
Authorization for Foreign Travel With Minor
Temporary Guardianship Authorization for Care of Minor
Elder Care Agreement
Pet Care Agreement
Housekeeping Services Agreement
Housesitting Instructions
Authorization to Drive a Motor Vehicle
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