Frequently asked questions

A will is a legal document that expresses your final wishes after you pass. It provides details related to the distribution of your property and care for any minor children you may have.

You appoint an executor in your Will to carry out your wishes. You should also appoint an alternate executor in the event the primary executor has predeceased you or is unable or unwilling to act in this capacity. Executors must be at least 18 years old.

You appoint beneficiaries in your Will to receive your property. You should also appoint alternate beneficiaries in the event the primary beneficiaries predecease and you do not change your Will. You generally have freedom to choose beneficiaries, but this is not absolute because liabilities may flow from your relationships that are not extinguished on death (e.g., equalization of net family property, spousal support, child support, or parental support).

You appoint a guardian in your Will to have custody of any minor children should you die having sole custody of them. You may also name an alternate guardian in the event the primary guardian predeceases or is unable or unwilling to act in this capacity.

This authorizes someone (“attorney”) to make decisions and transactions relating to your property and finances on your behalf. It is effective only while you are living. You should also appoint an alternate attorney in the event the primary attorney predeceases or is unable or unwilling to act in this capacity. “Attorney” when used here does NOT mean lawyer, but is the person (not necessarily a lawyer) to whom you give the power of attorney. Attorneys for property must be at least 18 years old.

This authorizes someone to make decisions on your behalf concerning personal care, including health care, nutrition, shelter, clothing, hygiene and safety, and to give or refuse consent to medical treatment. It is effective only while you are living. You should also appoint an alternate attorney in the event the primary attorney predeceases or is unable or unwilling to act in this capacity. Attorneys for personal care must be at least 16 years old.

Your Will may have to be probated upon death. This is a court process that involves validating a will and establishing what if any probate tax applies to the value of your property.