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What Is a Living Will

IN Gov Site, Jan 21, 2005

A will is a traditional legal document which is effective only at your death to

Name individuals (or charitable organizations) to receive your assets upon your death (either by outright gift or in trust)

Nominate an executor, appointed and supervised by the probate court, to manage your estate, pay debts and expenses, pay taxes, and distribute your estate in an accountable manner and in accordance with your will

Nominate the guardians of the person and estate of your minor children, to care and provide for your minor children

Assets or interests in property in your name alone at your death will be subject to your will and subject to the administration of the probate court, generally in the county where you reside at your death.

The State Bar has published a pamphlet entitled "Do I Need a Will?" which provides more detailed information about wills. For information on how to order a complimentary copy, call Or visit the State Bar's Web site where you'll find the State Bar's consumer education pamphlets, as well as information on ordering them.

For some people a Indiana Statutory Will may be appropriate. This is a "fill in the blank" form which can be used by any Indiana resident competent to make a will. In any event, you must execute your will in the manner required by Indiana law. Failure to do so may invalidate your entire will. You should discuss the requirements of properly executing your will with a qualified lawyer.

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