A.   Definition - a Will is a person's declaration of what is to be done after his or her death

     1.      It can be revoked during lifetime

     2.      It is not operative until death

     3.      It applies to the situation which exists at death

B.   Must be in writing and signed in the presence of two witnesses

C.   Testator must be of sound mind and of legal age (18)

D.   Why have a will

     1.      Lets you determine where your property will go

     2.      Otherwise without a will (intestate) 1/2 goes to spouse and 1/2 goes to children per stirpes

     3.      Let's you name a guardian for minor children.  Everyone with a minor child should have a will for this reason if for none other.

     4.      Lets you name a manager of your estate (executor)

     5.      Lets you give executor broad powers and thereby reduces administration fees

E.   What is covered by a Will

     1.      Assets that are in decedent's name alone are governed by Will

          a)     Not joint tenancy property

          b)     Not Life insurance

          c)     Not property in Trust

          d)     Not real estate with life estate/remainder