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It must be in writing. Generally, of course, wills are composed on a computer and printed out. The person who made it must have signed and dated it. A will must be signed and dated by the person who made it. Two adult witnesses must have signed it. Witnesses are crucial.
A will can also be declared invalid if someone proves in court that it was procured by undue influence. This usually involves some evil-doer who occupies a position of trust -- for example, a caregiver or adult child -- manipulating a vulnerable person to leave all, or most, of his property to the manipulator instead
Before distributing assets to beneficiaries, the executor must pay valid debts and expenses, subject to any exclusions provided under state probate laws.The executor must maintain receipts and related documents and provide a detailed accounting to estate beneficiaries.
The claimant must prove that the facts are inconsistent with any other hypothesis; undue influence means influence exercised either by fraud or coercion.
All taxes and liabilities paid from the estate, including medical expenses, attorney fees, burial or cremation expenses, estate sale costs, appraisal expenses, and more. The executor should keep all receipts for any services or transactions needed to liquidate the assets of the deceased.
However, if the will is found to be invalid due to the following circumstances, it will be declared null and void: Duress/undue influence: Someone forced the hand of the testator to make changes to the will or write a will unwilling;Age: The testator should be at least 18 before creating a will.
A beneficiary is entitled to be told if they are named in a person's will.The executor, or executors, if there are more than one, should keep a careful account of the estate so that it can be provided to the beneficiaries should they ask to see it.
Fraud or Undue Influence A nonfamily caregiver forcing the testator to leave them an inheritance. A family member getting the testator to sign a will by pretending it is just a general legal document that needs a signature.
In most situations, a will template is an easy and inexpensive way to make sure your wishes are known and carried out. Most people can get everything they need by using a will template, with little cost or hassle.