Can I Register My Will In Alaska

Wills: Overview, Validity, Holographic, Challenges

What is a Volition?

A Will is a signed document that describes your wishes about things that happen after your death, such equally who receives your property and who will accept intendance of your small-scale children or an incapacitated adult child.

A Will normally must exist all of these things:

• Written.
• Made by a person 18 years or older.
• Made by a person of sound listen.
• Signed by the person making the Will.
• Signed past two witnesses within a reasonable time later on they sentinel the person sign the Will or after the person making the Will tells the witnesses that the signature on the Will belongs to him or her.

The person making the Will can sign the Volition any manner he or she chooses, fifty-fifty with a symbol if the person intends it to be a signature. The person making the Will tin can likewise ask someone to sign for him or her, as long as the person signs physically close to the person making the Will and the person making the Will is aware of the signing.

A witness can be anyone who is able to testify in courtroom nigh what he or she saw. A person can human action as a witness even if he or she is related to the person making the Will or receives a gift under the Will.

If the Will is not signed by two witnesses, it may still be valid as a holographic Will.

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Why practise I need a Will?

A Will allows you to make your ain decisions about your property and pocket-sized children. Without a Will, the land of Alaska or a courtroom volition make these decisions for you lot in a way that may non be what yous wanted.

Beneath are some things that yous can do if yous brand a Will:

• Make up one's mind who receives your holding at expiry, how they receive it and in what amounts.
• Name a Personal Representative.
• Waive bond for the Personal Representative.
• Name a Guardian for small children.
• Create a trust.
• Refer to a tangible personal property memorandum.

Information technology is a expert idea to see an estate planning lawyer to ready Your Volition. It is important to brand sure that the Volition is valid nether Alaska law, accurately describes your wishes and does everything possible to do good you. A properly prepared Volition can avoid plush and time-consuming legal battles over your belongings and minor children.

If y'all are preparing a will yourself, you can watch brusque presentations on:

• Preparing Your Ain Will
• The Starting time Four Sections of a Will
• The Souvenir Department
• Survival Period and Remains
• If You lot Have Pocket-size Children
• Signature and Witnessing
• Summary and Helpful Tools
• Special Issues for Alaskans
• Special Protections for Family Members

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What is a Codicil?

A Codicil is a certificate that changes, rather than replaces, a previously executed Will. The Codicil is considered to be part of the original Volition. Each Codicil must include the aforementioned legal requirements equally the original Will, including

• the signature of the person making the will who is 18 years or older
• that person is of sound mind, and
• the signatures of two witnesses.

If a person makes more than one Codicil, they are all read together with the Volition. A after Codicil cancels an earlier Codicil(s) in whatever of the following means:

• The new Codicil says that it cancels the old Codicil.
• The new Codicil conflicts with the old Codicil.
• The person does something to the Codicil on purpose to cancel it, such as burning it or violent it up.

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What are some ways in which I can exit property to others if I use a Volition?

Below are some things you can do with your property just if y'all make a Volition:

• Leave all of your property to your spouse. Without a Will, your spouse usually must share your property with your children, grandchildren or parents.
• Leave property to a partner to whom y'all are not married.
• Leave belongings to friends.
• Leave holding to charity.
• Get out property in unequal shares, such as more or less to one particular kid.
• Leave property in trust so that a person does non inherit the belongings all at one time.
• Foreclose certain persons from inheriting your property such as a child, grandchild or sibling.

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Who should I proper noun as Personal Representative in a Will?

A Personal Representative is in charge of the probate process. He or she gathers all property that you own at your death, pays creditors, wraps up your final diplomacy and then transfers the remaining property to those persons who are supposed to receive information technology. You can name any capable person who is nineteen years or older to handle these duties. This could be a family member, a friend, a professional advisor or even an organization such as a bank or trust company. Ideally, y'all should proper noun someone who is trustworthy, organized, adept with finances, off-white-minded and who can communicate well with the court, your family unit and the persons you name under your Will to receive holding.

You should likewise consider that serving equally Personal Representative takes time and tin can involve a lot of piece of work. Your Personal Representative does not need to live in Alaska merely he or she may need to travel to Alaska at to the lowest degree once to bargain with your property and the probate. A Personal Representative is entitled to be paid from the belongings of your estate. If you name an organization every bit your Personal Representative, you lot should be aware that it will commonly accuse higher fees than those charged by an private. Read more almost the Personal Representative's Duties and Responsibilities.

It is a good idea to cheque with the individual or organization before y'all proper noun a Personal Representative to brand sure that the person is willing and able to serve. Yous do not need to ask in advance but anyone tin can refuse to serve every bit Personal Representative at your death. Yous should proper name at least one back-upwardly Personal Representative in example your first choice is unable to serve or does non desire to serve.

If you do not accept a Will, the state of Alaska decides who has the right to be your Personal Representative.

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Should I waive bond in a Will?

This is an of import, but usually overlooked, reason to brand a Will. Your Personal Representative must post bond before he or she tin can begin the probate procedure. This means that he or she must pledge either cash or holding to the court to guarantee that he or she volition fulfill the duties as Personal Representative. Instead of posting bond, the Personal Representative tin try to collect waivers from all persons who are supposed to receive property, but if unable to he or she must post bond. Near Wills waive bail and so that the person who you want to serve as Personal Representative can brainstorm the probate process correct away and take care of your manor without pledging his or her own property.

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Who should I name equally a Guardian in a Will?

Small-scale Children

If you accept a pocket-size child, one of the most important reasons to make a Will is to name someone you trust to raise, take care of and be responsible for your child. A Guardian physically cares for your child, provides food, article of clothing, shelter and medical intendance and makes all decisions that you could brand about your child'due south didactics, health and welfare. A Guardian can also manage the child'due south inheritance until he or she turns 18.

If both parents die and neither parent appoints a Guardian in his or her Volition, family members or fifty-fifty friends may contend about who should heighten your kid and manage his or her inheritance. Your kid may demand to live temporarily with different caregivers. The court will hold one or more hearings, listen to what anybody has to say and so make its own decision. This may take a long time, tin can be expensive and the person chosen by the court may not be the person yous would cull to raise your child.

Naming a Guardian allows your kid to move under the Guardian's care more quickly and avoids costs and delays due to challenges or disputes. This makes the transition easier for your child, gives him or her stability and makes sure that someone you lot know and trust volition accept care of him or her.

For other matters to consider when choosing a Guardian, run into Surviving Minor Children.

Incapacitated Adult Child or Spouse

A parent or spouse of an incapacitated adult may by will engage a guardian of the incapacitated person (ward). The guardian will make decisions apropos arrangements for the adult ward'southward housing, education, medical care, nutrient, wear, and social activities. The guardian may also manage the fiscal affairs of the ward.

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Should I utilize a Will to create a Trust?

If you create a trust in your Will, you can appoint someone to manage the belongings of your estate for a menstruum of time longer than the probate. In a trust, the property is held by a Trustee for the do good of the persons yous choose.

With a trust, yous can decide that your Trustee should agree the belongings until the person reaches a certain historic period or use the property for certain things such as the person's pedagogy or medical intendance. If you practice not have a trust, the Personal Representative must give the property right abroad to each person who is supposed to receive information technology. It is particularly of import to consider creating a trust if you have small-scale children. If you lot do non create a trust, the kid's Guardian will use the inheritance for the child's support until the kid turns 18. At this age, the Guardian volition have to plough over all remaining property to the child and the child can use the money however he or she desires.

For other matters to consider when creating a trust, see Trusts.

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How can I use a Will to create a tangible personal holding memorandum?

A Will can refer to a listing that leaves tangible personal property to friends or family members. This listing is called a tangible personal property memorandum. The memorandum is usually used to requite away items of sentimental value such as photographs, antiques or heirlooms but can as well exist used for vehicles, firearms, equipment, tools, art or furnishings. You cannot utilise it to go out money or real property to anyone.

To be valid, the memorandum must run across all of these conditions:

• The Volition must refer to the list.
• The listing must be signed.
• The list must clearly describe the belongings to be given away.
• The listing must identify the persons who are supposed to receive the property.

A memorandum is more flexible than a Volition considering information technology does non need to meet all of the requirements of a Will. You tin make the listing either before or later on the Volition. You tin can blazon it or handwrite information technology. You can change information technology whenever you cull as long every bit y'all sign information technology each time. No one has to witness your signature. Mucilaginous notes or notes taped on items do not qualify as a memorandum unless they meet all of the in a higher place requirements.

Keep in mind that the memorandum can only exist used if the Will refers to it. It is non a substitute for a Will and cannot be used to give away holding if y'all die intestate (when in that location is no Will).

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What does it mean to "prove" a Will?

When you give the Will to the probate court, you must "prove" that the person who died did all of these things when he or she made the Volition:

• Signed the Will voluntarily.
• Was xviii or older.
• Was of sound mind.
• Was not unfairly influenced past anyone or anything.

A Self-Proving Volition is one where the person making the Volition and both of the witnesses to the Will say all of the things needed to bear witness a Will in a sworn statement. These statements are usually fastened to the Volition. Together, they are often chosen a "self-proving affidavit." A Will that has these statements does not need to be "proved" by other documents or testimony in court.

If it is not a Self-Proving Will, you must prove the Will using the formal probate process. Yous can file the sworn statement of a witness (an affidavit) that tells the court that the person who died did all of the things needed. Merely if someone disagrees, at least one of the witnesses must testify in court if possible. If no witness can make a argument or show, you can give another evidence to the courtroom.

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How tin a Will exist canceled or replaced?

A Will (or part of a Will) can exist canceled or replaced in whatever of the following ways:

• A new Volition says that it cancels the old Volition.
• A new Will conflicts with the sometime Will.
• The person does something to the Will on purpose to cancel it, such as called-for it or tearing it up.

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If there are 2 Wills, which is valid?

The later Will, every bit long as information technology cancels (revokes) the earlier Will(southward). If the new Will does non clearly say that it cancels the one-time Will, you will accept to use the formal probate process.

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Can a Volition get out things to groups of people and non specifically proper name them?

Yep, but it depends on the relationship. A testator tin gift items to a group of persons such as "children," "siblings" or "parents," including those related by one-half blood. Nevertheless, this does not include step-children, step-siblings, step-parents or whatsoever other surrogate family relationships. If yous want step-relatives to share in your property, be sure your Will says so.

A souvenir to "my children" includes children born out of wedlock to the person making the Volition. But a gift to a group of persons other than children of the person making the Will such as "my uncle's children" includes children born out of wedlock only if the child lived regularly every bit a pocket-size in the household of his or her natural parent or the natural parent'south parent, blood brother, sis, spouse or surviving spouse.

A gift to a group of persons such as "aunts," "uncles," "nieces," or "nephews," includes only those persons related by blood to the person who died. So it doesn't include in-laws.

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Is a person related past adoption considered a devisee?

Usually, unless the Will says differently. The following rules employ when someone has been adopted:

• A person who has been adopted inherits from his or her adoptive parents and not his or her natural parents.
• However, if the person is adopted by a natural parent'south spouse, the adopted person (and his or her descendants) inherit from both the natural parents and the adoptive parent.
• If the kid is non the adopted child of the person making the Will, the child must have lived regularly while a minor in the household of his or her adopting parent. For example, if the person who makes the Will leaves property to his or her sis'southward "children," a child adopted by the sister is merely included in the gift if the kid lived regularly while a pocket-sized in the sis's household.

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What if a child is built-in to or adopted by the person after he or she makes the Volition?

Such a child will receive a share of the estate of the person who died unless it is obvious that the person left the child out on purpose. Unless the Will says differently, the post-obit rules use:

• If the person making the Volition had no living children when he or she made the Volition, a kid later born to or adopted by the person receives a share equal to what the child would receive in intestacy (when in that location is no Will) unless the child's parent inherits all or nigh of the estate under the Will.
• If the person making the Will had one or more living children when he or she made the Will, a child later on born to or adopted past the person receives equally equal a share every bit possible as the person's other children.

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Can I get out my spouse out of my Volition?

Yep, however, even if the Volition leaves a small-scale corporeality or aught at all to the spouse, your spouse is entitled to a minimum corporeality of your property. This corporeality is chosen the spouse's elective share. It is approximately equal to one-3rd of your probate holding and nonprobate property subsequently taking into account belongings the surviving spouse receives exterior the Will. The surviving spouse receives the Homestead Allowance, Family Allowance and Exempt Property in improver to the constituent share. A surviving spouse may as well exist entitled to an additional $50,000 in certain situations.

The spouse may disclaim his or her interest in receiving the constituent share, any allowances and exempt property, and would need to file a document with the courtroom stating this. Read more nigh allowances and exempt property.

Calculating the exact amount of the constituent share is very complicated. Both the surviving spouse and the Personal Representative should see his or her ain probate lawyer if the Will leaves the surviving spouse a small amount or nothing at all.

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Tin can I disinherit my children from receiving anything from my estate?

You can state in your will that you are not leaving any manor property to your children. Nonetheless, the constabulary provides that the children of the person who died will receive allowances and exempt property from the manor. The children may disclaim their interest in receiving any allowances and exempt property, and would need to file a certificate with the courtroom stating this. Read more than almost allowances and exempt property.

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What if the person who died divorced afterward he or she fabricated the Will and the spouse is notwithstanding included in the Volition?

Divorce automatically cancels all gifts to the spouse and the spouse's relatives (other than the relatives of the person making the Will). The holding passes as if the spouse and the spouse's relatives disclaimed information technology. Divorce also automatically cancels all appointments of the spouse and the spouse'due south relatives to positions such equally Personal Representative, Trustee and Guardian.

If a person wants to give property to a erstwhile spouse or a quondam spouse'due south relatives or wants a former spouse or former spouse'due south relative to act as the Personal Representative, Guardian or Trustee, the person must make a new Will or a Codicil after the divorce.

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What if the person who died married after he or she fabricated the Will and didn't include the new spouse in the Will?

Unless the Will says differently or there is prove that the person who died did this on purpose, a surviving spouse receives a share of the estate equal to his or her normal share in intestacy (as if there was no Will). However, the share does not include holding passing to a kid (or the child'due south descendant) of the person who died, if the child was born before the wedlock and is not a kid of the surviving spouse.

The surviving spouse can cull instead to have the elective share if this is a larger amount.

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When should I run across a probate lawyer to help me decide where the property of the person who died passes nether a Will?

Information technology is a expert idea to talk to a probate lawyer if the person who fabricated the Volition did any of the post-obit:

• Left out a child.
• Left out his or her spouse.
• Adopted a child or had a kid out of wedlock either before or afterwards making the Volition.
• Made a gift to a group of persons ("children," "nieces," "nephews," etc.) and one of those persons was adopted or born out of wedlock.
• Divorced subsequently making the Will.
• Married after making the Volition.
• Made a gift to whatsoever person who died before he or she did.

There are complicated rules that control who receives property under a Will in these and other situations. If you have any questions or if at that place are whatever unusual circumstances, you should talk to a probate lawyer.

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If the person who died gave holding to a devisee before death, does this reduce the devisee's share?

Generally, no. The devisee will receive the gift of property made earlier the person's death and the property inherited later on death. But the devisee's share volition be reduced if ane of the following applies:

• The Will says that it should be reduced;
• The person who died said in writing at the time of making the gift that information technology should reduce the devisee'southward share; or
• The devisee agreed in writing that the gift should reduce his or her share, even if this was after the gift was made.

If a souvenir of belongings made before the person's decease reduces the devisee'due south share, the property is valued at the time the devisee received the property or on the appointment of the person's expiry, whichever comes first.

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If a devisee owed money to the person who died, does this reduce the devisee's share?

Yes. For example, if a child owed money to a parent before death but did not pay the loan back, the kid'south share is reduced by the amount of the debt.

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What if the Will does not dispose of all of the person'due south property?

A properly prepared Will should direct where all of the person's property goes. If it does not, the remaining belongings passes to the person'due south heirs through fractional intestacy (as if there was no Will). A Will can limit who will inherit property in the case of intestacy.

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Where should I keep my original Will?

Information technology is very important to safeguard the original Will. If y'all lose it, your Personal Representative can try to probate a copy using the formal probate procedure only information technology will exist much more than hard and information technology may not work.

You should consider doing one of the post-obit things with your original Will:

• Eolith it with the court for safekeeping. You lot can file:
  • Agreement and Receipt for Eolith of Will, P-100 [Backup PDF]

  The court will assign a instance number that ends in "WI" such as 1WR-13-22457WI. While you lot are alive, the Will is confidential and will only be released to you or to another person if you requite permission in writing.

• Go on information technology with your lawyer if he or she offers a vault service for storing documents.
• Keep it in a fireproof condom at home.
• Keep it in a plastic purse in your freezer (for fire protection) if you do non take a fireproof safe.

You should never store your Will in a safe deposit box because a court club volition be needed to drill the box open up if there is no surviving person with admission to the box. Be certain to tell someone you trust or the Personal Representative named in your Will where the original is. You lot tin can also write the location of the original on a copy of Your Volition.

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Who has the correct to the original Volition afterwards the person's decease?

After a person dies, anyone belongings the original Volition must give it to an interested person who is able to open up a probate. If the person refuses to plough over the Volition, he or she can be personally responsible for amercement.

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Tin someone challenge a Will?

Mostly, to claiming a Will, you must prove one of the following:

• Lack of testamentary intent
  The person did not intend the writing to exist a Will. For example, the person may have written a letter to his or her lawyer with instructions to create a Volition.
• Lack of capacity
  The person did not understand how much and what type of property he or she owned or who would normally be included in a Will (the person's shut relatives) even if the person excluded his or her close relatives. Or, the person could not understand that he or she was making a Will.
• Undue influence
  The person was manipulated, deceived or intimidated into making a Volition so that the person could not make a free choice about how his or her property should pass under the Will.
• Fraud
  Someone deceived the person on purpose about the document he or she signed (such as pretending it was not a Will). Someone deceived the person on purpose virtually a situation (such as the death of a child) so that the person changed his or her mind almost how the property should pass under the Will. Or, someone forged pages of the Volition or the person's signature.
• Duress
  The person was threatened or forced into making a Will different than what the person wanted.
• Mistake
  The person made a fault, such as signing another person's Will, bold sure pages were in his or her Will when they were not, or believing someone was dead when they were not.
• Revocation
  The person who made the Volition did something to abolish it (such as burning office of it), or he or she made a new Will which canceled the one-time ane.
• Execution
  You can challenge whether the Will was made properly (for example whether the Will was signed or witnessed correctly). In this instance, the person who supports the Will must ultimately prove that it was fabricated properly.

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How tin someone claiming a Will?

A Volition tin only be challenged in formal probate. Will contests tin be long, complicated and expensive. Information technology is a proficient idea to effort to outset piece of work out whatever difficulties with the Personal Representative and other devisees under the Volition.

If you lot cannot work things out, y'all must file a petition in formal probate telling the court why you object to the Volition. If the courtroom has already admitted the Will to informal probate, you must file a petition request the court to change the proceeding to formal probate. The court will hold at least one hearing and listen to both sides. Either side has the right to ask for a jury trial and have a jury decide whether the Will is valid or not.

A Will contest tin can be as complicated and involved as litigation. The parties can ask for discovery, accept depositions, nourish mediation, subpoena witnesses and nowadays bear witness to a court or a jury. The type of bear witness needed depends on the type of challenge to the Will. Examples of evidence include sworn statements (affidavits), documents, handwriting samples, doctor reports, mental health reports and testimony of persons in court. If you desire to challenge a Will, it is a expert idea to talk to a lawyer.

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Can I include a penalisation clause to preclude anyone from challenging my Will?

Yes, merely it will not always work. A penalty clause usually says that if a person challenges a gift under the Volition or any function of the Will, that person will have nothing. Only if the person reasonably believes that the claiming is necessary, the penalty clause volition not apply.

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What probate procedure should I utilize if the person died with a Will?

Which probate process to use if the person died with a Will depends on the specifics of the situation. Virtually cases use the informal process if at that place are no disputes about the personal representative or the Volition. If there are disagreements in these areas, utilize the formal procedure. If the person's manor meets certain conditions, yous may not need to open a probate case and instead can use the Affidavit for Drove of Personal Property procedure which is an out-of-court process.

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Rev. 18 December 2017 © Alaska Court System www.courts.alaska.gov Contact Us

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Source: https://courts.alaska.gov/shc/probate/probate-wills.htm

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