What Makes a Will Valid?

A will, more formally known as a Last Will and Testament, is required (in Maryland) to be in writing and signed by the maker as well as two witnesses. A notary public is not required to sign the will, but it doesn’t hurt. A warning, however: a professionally prepared will would have what is known as an “attestation clause” which is a recitation of language that the witnesses were present when the will was signed by the maker and confirm that the maker knew what he was doing when he signed the will. If this is missing, it may be necessary for the witnesses to be found and present proof that the maker of the will did, indeed, know what he was doing.

Should I Worry About Avoiding Probate?

Many people have the impression that probate is a complicated and expensive process. In reality, it is usually neither. Probate is the process of filing the will with the local court (typically in Maryland with the Register of Wills office). A person known as a personal representative (executor) is then appointed to administer the estate. That person’s job is to pay the decedent’s bills, collect his assets and pay any taxes, and finally, to distribute the estate funds remaining to the heirs. From start to finish, the process takes, typically, less than a year and involves probate fees that are relatively nominal. For instance, an estate valued at $500,000 would incur probate fees of $500 plus a bond fee of an additional $100.

Who Makes a Decision When the End is Near?

A living will, or advance directive, is a document that allows you to specify what treatment you want and don’t want if your health condition is considered terminal or you are in some permanent irreversible condition and are, in essential respects, unconscious. You can direct that doctors do certain things or withhold certain treatment if you are in those conditions. That means that the doctors will be given authority to act independently of what your loved ones might wish – that might be good or that might be bad. On the other hand, you can leave the final decision to your loved ones through a Health Care Power of Attorney you have granted to them to make such decisions.

As a practical matter, the decisions made are not likely to be made known to you or matter when the time comes. The fact the final decisions were made by your loved ones rather than by your doctors might be very important to them.

Nursing Home Contracts: READ BEFORE YOU SIGN!

When a person enters a nursing home or assisted living facility, typically the arrangements are made by a loved one. That individual should be acting on behalf of the parent or spouse. Thus, financial obligations should be the obligation of that person and not the person helping him or her. The nursing home would love to have another individual “on the hook” for care obligations. You are not required to assume that liability. Be sure that you don’t assume a financial responsibility that you didn’t intend to undertake. Read carefully. Best of all, have a lawyer review the document before you sign it.