A will must comply with the legal requirements of the state for it to be valid. Most states also accept a will executed in another state if the document is a valid will under the law of that state. The general requirements for a valid will are generally as follows: (a) the document must be in writing (i.e. typed or printed), (b) signed by the person making the will (usually called a “testator”) and (c) signed by two witnesses who were present to witness the execution of the document by the creator, and who also witnessed how they signed the document. Even in states that do not accept a video will as a legal will, video can be legal as evidence in a will. Assuming you also have a written will, a signing videotape can provide visual proof that you were in your good mind when it was created and that all requirements were met correctly. In most video wills, the testator reads their will in front of the camera, but they can also include explanations about the reasons for the inheritance and intent. In this case, a video will prevent candidates for removal from unfortunate beneficiaries. Beverly Bird is a practicing paralegal who has been writing professionally on legal topics for over 30 years. She specializes in family law and inheritance law and has mediated in family custody matters. ► If you find that this list contains all the items you want to distribute, you don`t have to worry about preparing and reviewing a will (or preparing a living trust). Kansas Law provides solid legal alternatives to estate that meet the needs of many people.
The drafting of a will is similar in all states; However, each U.S. state has its own specific legal requirements for a will to be recognized as valid. It`s important to know what these requirements are for the state where you`re writing your will – whether you`re making the will online or not, the same legal requirements must be met for the will to be valid. When you`re writing a will online in Kansas, you want to make sure you`re following the country-specific regulations and using a custom online will for Kansas. In Kansas, witnesses should be “uninvolved parties” (i.e., they are not beneficiaries of the will). If a witness is also a beneficiary, his or her share of the inheritance expires unless certain other conditions are met. It is best to choose two witnesses who are not beneficiaries of the will to avoid legal complications. A final will and will are not the right place for medical prescriptions that designate end-of-life care or funeral prescriptions. Funeral arrangements are usually made immediately after a person`s death. And as a rule, the will is read only after the funeral, and the process of settling the estate begins. This means that if funeral instructions are left in the will, family members may not know until after the funeral.
Medical provisions and provisions left in a will for end-of-life care are not legally binding, as they must be written in some form. In 2010, about 11 states accepted transitional or oral wills in certain circumstances: Florida, Indiana, Kansas, Mississippi, Missouri, New York, North Carolina, Ohio, Tennessee, Texas and Vermont. Washington State also accepts them, but only from members of the U.S. military. Non-memorial wills are also called deathbed wills, which refer to the testator who pronounces his or her inheritance and wishes before witnesses, usually because he or she has no way of making a written will. Some States require that the will then be recorded in writing by one of the witnesses. In states that accept noccupative wills as legal, a video recorded by the testator during his speech would be legal if all the other criteria of the statutes for nuncupative wills were met. However, the criteria can be narrow and demanding and usually require the testator to die within a limited time after an oral will has been drawn up. Step 1 – Determine the testator – Write or enter the full legal name of the testator (the person for whom the will is made) at the beginning of the document. You must then enter the following information: _____ Get a legal description – Register of deeds or your records Instead, create a living will for these instructions. You can create both a will and a will and a living will online. More information about living wills in Kansas can be found here.
States that require wills to be written sometimes accept video wills if they are accompanied by a written will. In these states, if your only will is a video will, it wouldn`t be legal. However, if it is an addition to a written will, it will most likely be accepted. The laws of very few states contain specific laws that determine whether video wills are legal. From a legal point of view, most laws on this subject are “silent” and do not directly authorize or prohibit them directly. The law is therefore implicit. It must be derived from what other laws leave unsaid. However, video wills are becoming more and more popular. If a person dies without a will, the beneficiaries cannot challenge the division of that person`s estate by the court under the intestate inheritance laws.
Even if this person has expressed different wishes orally during his life, the laws regulate the distribution. With a valid will, a person can legally determine how their property is distributed. and to whom. The following table shows the most important laws related to the preparation and revocation of wills in Kansas.