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LEGAL ISSUES (cont.) Discuss your wishes and your situation frankly with family members (and others who would have a right to inherit if you were to die without a will) to avoid unnecessary will contests. Let them know your wishes. Include your doctor or other heath care professionals in discussions about your will and the signing of your will. Ask your doctor's advice about temporarily not taking any potentially mind-altering drugs prior to signing your will and obtain a letter from your doctor stating your competence when you signed the will. Make sure that the beneficiaries of the will are not present when the estate is planned with the attorney or when the will is signed.
Another way of dealing with the disposition of your property after death is called an Inter Vivos Revocable Trust. This is a trust created during your lifetime to which you transfer all of your assets while you are still alive. During your lifetime, you would be the beneficiary. After your death, your assets would pass to the persons or organizations you have designated in the trust. The advantage of this plan is that you avoid probate |
the process where the local surrogate's court approves the will. However, you need a lawyer to help you with this process and explain the benefits and disadvantages.