To Prepare Wills Hawaii Residents Should Consider The Services Of A Professional

By Anita Ortega


Each year thousands of people die intestate, thus causing endless problems for their heirs and next of kin. Young people do not want to think about their own death, but it is vital to draw up a testament. This is the only way in which to make sure that the last wishes of the deceased are honored. When drawing up their wills Hawaii citizens need to make sure that they conform to the state laws.

For a testament to be valid, there are only a few very basic requirements to be met. The person drawing up the testament must be of age, therefore eighteen years or older. There must be a minimum of two witnesses present and their signature on the final document serve to declare that the testator was of sound mind while drawing up the testament.

A testament is a legal document with the simple purpose of describing what it is that is to be done with the estate of the testator once he dies. An estate can consist of a variety of assets such as property, stock certificates, bank accounts, furniture, collectibles and any other possession, even if it has no or very little monetary value. The testator can distribute his property any way he wishes, with a few notable exceptions.

The state laws clearly stipulate that testators are not allowed to use their testaments to make changes to the beneficiaries of retirement benefits and life insurance policies. If the testators was married, the surviving spouse is automatically entitles to a percentage of the value of the estate. This percentage is calculated according to how long the marriage lasted. If the deceased person owned a property jointly with another person, then that property must go to the surviving owner.

Circumstances change and that is why it is necessary to review a last testament on a regular basis. Marriage, divorce, a change in fortunes, new born children and many other factors may dictate that a last testament is updated. In most cases this is done by means of a codicil, a legal document stipulating changes and additions that is simply added to the original testament.

When an individual dies, probate is initiated immediately. This means that the validity of the will is established as quickly as is possible. Thereafter, all debts and taxes owed by the estate is paid is paid to the relevant authorities and the remainder of the estate is distributed to the heirs. In cases where the estate is worth less than sixty thousand dollars, probate can normally be avoided.

People that die without a last testament are really irresponsible. Of course, their last wishes will not be honored because in such cases strict state laws are followed regarding the distribution of the estate. The worst is that loved ones may be left destitute and the finalization of such estates can take a long time. Surely anybody with any assets wants to at least make sure that their last wishes are carried out.

Nobody wants to see his loved ones suffer. Yet this can happen if a person dies without a valid will. It is the responsibility of each individual to take care of such matters from an early age. A last testament will make sure that the wishes of the individual are carried out to the letter.




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