Most individuals do not have the most basic document that is the foundation of an estate plan – a self-proving will.
A self-proving will is signed by the testator along with two (2) witnesses, with all signatures witnessed by a notary public. The document includes certain language required by Kentucky Revised Statutes to make the last will and testament self-proving. Our Louisville, Kentucky and southern Indiana probate and estate attorney can help you complete an estate plan that is customized to your needs.
If a will is not self-proved, then at least one (1) witness must be prove the document in court. This leads to increased time in court and the potential for higher fees to administer the estate, and one of the reasons why a self-proving will is desirable. And while holographic wills (those entirely in the handwriting of the individual) are valid in some states, including Kentucky, a person familiar with the individual’s handwriting must still prove the document in court.
Many think that they do not own enough property to warranty having a document that expresses the person’s final wishes.
Advantages to Having a Will:
- Select a trusted guardian for your minor children;
- Select a trusted representative to manage your affairs;
- Provide for the necessary and orderly payment of debts and taxes;
- Easy and preferred direction of specific items of personal property to loved ones.
In addition to preparing estate documents that comply with recent state laws that make a person’s last wishes easily known in court, our Kentucky and Indiana probate & estate lawyers understand the importance of estate planning in the 21st century. We can help our clients deal with digital assets and prepare “social media” wills so that an individual’s online identity can be properly memorialized after death.