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Chapter 8: After the Will Is Written
Follow These Steps to Be Sure Your Will Does the Job

Bob never paid much attention to legal matters. But when he was rushed to the hospital with a heart attack, he figured he better get his affairs in order before the heart surgery his doctor said he needed. Since Bob had a simple estate, he decided to just write a simple will himself, leaving all his money to his favorite son, Abel, who had taken care of Bob and his recently deceased wife Ruth for the past seven years.

On the morning of the operation, he called the family – all except his estranged son, Cain, of course -- into his hospital room and had them witness the signing of his will.

The operation failed, and Bob died. His will failed, too, because the witnesses stood to inherit money from his estate. So Bob was considered by the state to have died intestate, which meant the state law determined where his assets would go. And state law said both children had to inherit equally, even though Cain had bilked the family of thousands of dollars before skipping town. Cain nevertheless inherited exactly as much as Abel did.

OK, you’ve gone through all the steps, and you and your lawyer have put a lot of effort into crafting your will. But don’t stop now. Follow a few simple but vital steps to make sure your will is kept safe and properly executed. You don’t want to make a mistake like Bob’s.



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The American Bar Association Guide to Wills and Estates
Copyright © 2004 American Bar Association