Frequently Asked Questions (FAQ)

Regardless of your marital status or whether you have minor children, it’s essential for every eligible adult to have a will or another means to control the distribution of their assets. Even if you have established a living trust, a will is still important. Any property not named in your trust will pass according to state law, which may not align with your wishes. To execute a will, you must be of legal age and of sound mind.

If you are a parent of minor children, your primary concern may be who will care for them if something happens to you. While the court ultimately has the authority to appoint a guardian, a will allows you to express your wishes about who you want to raise your children. Additionally, a will can outline what assets your children will receive, how these assets will be distributed, and who will manage them until your children reach an appropriate age. A will provides you with the options to control asset distribution to your children and establish directives for guardianship, trusteeship, or custodianship of those assets. You may also create a trust for your children inside or outside of your will to specify when and how they will receive benefits.

When signing documents in a fiduciary capacity, such as when serving as an Executor or Trustee, you should follow these formats:
– An Executor signs: “John W. Smith, Executor (or Personal Representative) of the Estate of Mary J. Doe, Deceased.”
– A Trustee signs as: “Pamela G. Smith, Trustee.”

The American Bar Association recognizes two valid methods for an agent to sign on behalf of a principal. For instance, if you are Michael R. Jones acting as the agent for Mary T. Jones, you can sign:
– “Mary T. Jones, by Michael R. Jones under Power of Attorney,” or
– “Michael R. Jones, Attorney-in-Fact for Mary T. Jones.”