|
|
Wills
A will is very important for several reasons. Any adult of sound
mind is entitled to make a will. First of all, it allows you to
designate someone to handle your affairs. In addition, a will
enables you to direct, in writing, how your real and personal
property will be distributed. A will may also contain a provision
for the guardianship of minor children, and may appoint someone
to execute the will. If you do not have a will, the court will
appoint an administrator to distribute your property according
to law.
The will must be typewritten and must expressly state that it
is your will. You must date and sign the will in front of at least
two witnesses. These witnesses should be people who will not inherit
anything under the will. You can deposit your will with any superior
court in Alaska although it is not required. If you deposit your
will with the court, it will be kept in a secure place, confidential
and accessible to you.
The deposit of wills for safekeeping is governed by Alaska Statutes
13.11.315-.320 and Probate Rule 5. Should you choose to deposit
your will, you must take it to the superior court clerk's office.
The court clerk will ask you to sign an "Agreement and Receipt
for Deposit of Will." This agreement lists the names and addresses
of the person(s) who may receive a copy of the will upon your
death. The court clerk will give you a receipt for the will. It
is your responsibility to be sure the appropriate person(s) know
you have deposited your will with the court and that they should
contact the court upon your death. The Court charges a $40.00
deposit fee.
Living Wills
A living will, also known as a Healthcare Directive, contains instructions
regarding health care and life support should a person become terminally
ill. A living will is usually prepared while a person is in a rational
state of mind, before he or she becomes either mentally or physically
incapacitated. The directive creates a contract with the attending
physician. Once the doctor receives a properly executed directive,
he or she is obligated to honor the instructions contained within
the living will. A Living Will does NOT impact who gets your property
or who is your Personal Representative or Guardian of your minor
children. It is ONLY a "medical directive" and prepared according
to Alaska Statute A.S. 18.12.010.
Codicil
A written change to a will is known as a Codicil. Like a will,
it must be dated, signed and have witnesses. Also, it must mention
the will you are changing. A codicil can be used to change a will
to add to the contents of a will, subtract from the contents of
the will or make typographical corrections.
|
|
