Regardless of how you may feel about talking about a last will and testament, it is something that should be done. Wills are meant to protect your loved ones and ensure that your final wishes are carried out. Without a will, decisions often end up being made by a third party, which is less than ideal for everyone involved.
If you are planning on writing a will, or if a loved one recently passed away, you’re sure to have a lot of questions. At Maurina-Schilling Funeral Homes, we take wills into account when discussing a funeral service in Clark County, WI. While we are not legal experts, here are a few questions that people most often ask, and the answers we’ve found most helpful.
What happens if someone passes away without a will?
If a person passes away without a will, the person’s assets are passed through the courts for distribution. All assets are distributed based on the laws of the state, not according to the deceased’s wishes. For example, if a person dies without a spouse, the assets are passed on to the children and are divided equally. If there is no spouse and no children, an estate may go to the parents, a sibling or the next closest living relative. Funeral wishes are often left to the closest living relatives and, without a will or insurance, the cost of a funeral often falls on family members.
What happens if someone passes away and does have a will?
According to law, the state manages the distribution of assets according to the will. Any last wishes regarding burial and funeral services are usually carried out as requested. While this may sometimes come into dispute if the deceased’s family members disagree, according to the law, the instructions detailed in the last will and testament are followed.
What is the difference between a living will and a last will?
A last will is used to distribute assets after someone has passed away. A living will, on the other hand, provides instructions in regards to the healthcare and other care provided to an individual if they are rendered unable to make certain decisions for themselves.
Does a person have to have a minimum amount in assets to have a will?
The short answer is no. Even if there are no monetary assets or belongings of monetary value, a last will and testament is not denied to anyone. However, there are tax implications associated with distribution of assets, which should be kept in mind when preparing a last will and testament.
Planning a funeral service in Clark County, WI is difficult, but trying to do so when there is no last will and testament in place can be extremely challenging. A last will and testament not only ensures that the deceased’s wishes are carried out, but it also helps protect the loved ones left behind. If you have questions regarding your last wishes for burial, our helpful and friendly staff at Maurina-Schilling Funeral Homes are always willing to help. Reach out to us today.
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