A Will is a document that permits a person to decide what will occur upon his death with respect to his assets. It also allows a person to decide who will serve as the guardian for his children if they are minors, who will monitor any assets that he may leave to his minor children and who will be in charge of his estate.
A Will may be 1 page or 100 pages long. The key points are that the testator (the person making the Will) must have the mental capacity to do so, the Will must reflect the actual intent of the testator and that the Will must be properly executed and witnessed.
Sometimes, family members may decide that a Will fails to meet the requirements set forth above. In such a case, an objection may be filed with respect to the probate of the Will. Such a procedure is referred to as contesting the Will.
Mr. Humber has served as the attorney for both persons attempting to probate a Will as well as those parties seeking to have a Will declared void. If you feel that someone's Will fails to properly include you or if you are attempting to probate a disputed Will, please seek a consultation with Mr. Humber.
If you die without a Will, you are considered to have died "intestate". The laws of intestacy set forth a list of "who gets what" based on the number of heirs and the degree of kinship. For example, a surviving spouse with one child would receive one-half of the estate and the child would receive the other half. A surviving spouse with three children would also be entitled to one-half of the decedent's estate; however, each child would receive a one-sixth interest. A person who dies with neither a spouse nor children has his assets distributed to his parents or among his siblings.
In addition, if a person dies without a Will, the Probate Court will decide who is to settle your estate and who will serve as the guardian of your children.
Having drafted Wills for estates ranging in value from several thousand to multi-million dollars, Mr. Humber has accumulated years of experience in putting together Wills that permit a client to transfer his assets in an efficient, cost- effective manner, taking into consideration the types of assets involved and the needs of the beneficiaries. When necessary, Mr. Humber can explain and implement various estate tax saving strategies.