Bestbuy eBooks - The Truth About Wills And Probate.

eace of Mind!"

From: Steve M. Bingman, Attorney At Law

Dear Friend,

We've all heard: "you need a Last Will And Testament so that you can say who will receive your property when you die". The truth is that you can make your Last Will And Testament and have your say, but state laws may prevent you from giving some of your property to whomever you want to give it to. Few people know that state laws may override part their of Last Will And Testament. In fact, because its almost never mentioned, most people do not know enough to even ask about how state laws affect their Last Will And Testament. And, usually, they're surprised when they find out.

"The problem: Part of your Last Will And Testament may not be effective because of state laws."
Your Last Will And Testament, often called a Last Will, is important. It is the only way for you to make known your final desires and wishes. But every state has a number of different laws that override your Last Will And Testament. In other words, state laws may stop your desires and wishes from happening.

Here are two real cases where state law overrode and changed what the person wanted:

Real Case # 1
"Ms. X doesn't get the money"

Ms. X came to see me. Her Mother had passed away and her Last Will And Testament said that she wanted her money was to be divided equally among her children. South Carolina has a law that gives money in a joint bank account (two or more people) to the survivor regardless of what the deceased person's Last Will And Testament says. Unfortunately, Ms. X's Mother had all of her money in a joint bank account with Ms. X's Sister. The money was put in to the joint account by Ms. X's Mother and the joint account was only so that the Sister could help the Mother. Sadly, I had to inform Ms. X that her Sister got all of the money and Ms. X got nothing.
Real Case # 2
"Kids get only part, not all, of family home"

My Dad's Last Will And Testament said that he gave his home to my two Sisters and me. However, the laws of his state say that when a married person recevies real estate, the real estate goes to both the Husband and Wife jointly. Because of the law, my Dad'd home actually went to my Sisters, their Husbands, my Wife, and me. My Sisters and I received a 1/6 interest each and not the 1/3 interest each that my Dad wanted. It was not a problem because we all get along very well. But, what if we didn't get along?

The fact is that every state has a number of different laws that override your Last Will. The above are just two examples. Also, these two cases stated above are not isolated and unique to my state of South Carolina. In fact, my Dad lived in another state. Before you make your Last Will And Testament, it is critically important that you know and understand that state laws may override or change certain parts of your Last Will And Testament.
Please understand ...

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