What are people who read Wills called?

Usually, a testator allows an attorney to read the will. In fact, it’s usually the attorney who drafts the will for the testator. It’s not unusual for someone to share a will with the person named as executor because the chosen executor must be willing to serve as the executor.

When does a person die before a will is created?

Joe dies three months before Barack. Who gets the basketball? This fact pattern brings up the concept of lapse . Lapse is a common law concept that applies when a person named in a will dies before the person creating the will (the testator).

Do you have to watch the will maker sign?

In others, they don’t even have to watch the will-maker sign, as long as the person later tells the witnesses that he or she signed the document. Or they may be allowed to watch the will-maker sign the will, and sign it later themselves. The witnesses must know that the document is a will, or the document won’t be valid.

Who is a beneficiary of a will if not related to the will maker?

was either the will-maker’s grandparent or a direct descendant of a grandparent (parent, sibling, niece or nephew, uncle or aunt, first cousin, and so forth), and left children of his or her own. These laws almost never apply to a beneficiary who isn’t related by blood to the will-maker. That means spouses are not covered.

Do you have to be in the same room with the will maker?

In some states, the witnesses don’t have to be in the same room when they sign the will. In others, they don’t even have to watch the will-maker sign, as long as the person later tells the witnesses that he or she signed the document. Or they may be allowed to watch the will-maker sign the will, and sign it later themselves.

Do you have to name people in your will?

You can specify the outcome you want in your will—but if you don’t, state law will do it for you. (This is one reason why it’s almost always better to name individuals you want to inherit instead of leaving assets to a group. There are other reasons, too—for example, it’s sometimes surprisingly difficult to determine who belongs in the group.)

What happens if a will does not name an alternate?

If the will does not name an alternate, or the alternate has also died, you have something called a “lapsed” or “failed” gift. Depending on state law and how the will is written, the property will go to either: the deceased person’s heirs under state law, as if there were no will.