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What your will must look like

You won't be around* to vouch for your will's validity when it takes effect. Because of this stark truth, every state has laws designed to make sure that nobody can pass off a phony document as your will after your death. Most states' rules (except Louisiana's) are very similar, and they are less onerous than many people imagine.

  • The will must be typewritten or computer-printed. Handwritten wills are valid in some states, but aren't recommended.

  • The document must expressly state that it's your will.

  • The will must have at least one substantive provision. A clause that leaves some, or all, of your property to someone is the most common substantive provision. However, a will that only appoints a personal guardian for your minor children and doesn't dispose of any property is also perfectly valid.

You must appoint an executor. This person (called a "personal representative" in some states) is responsible for supervising the distribution of your property after your death and seeing that your debts and taxes are paid. Nevertheless, in most states, even if you fail to name an executor in an otherwise valid will, a court will appoint one and then enforce the will.

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Comments:

You won't be around - вас не будет рядом

Find in the text English equivalents of the following phrases:

освобожденный от родительской опеки, совершеннолетний

в здравом уме

страдающий умственным расстройством

неправоспособность, недееспособность

завещатель

злоупотребление влиянием, недолжное влияние

оспаривание завещания

подтверждать, свидетельствовать

поддельный

GUARDIAN - подберите к английским клише соответствующие русские сочетания

general guardian

соопекун, сопопечитель

guardian by appointment of court

опекун по завещанию

guardian by election

опекун по назначению суда

joint guardian

опекун со всесторонними функциями

legal guardian

опекун по выбору несовершеннолетнего

Offer words/phrases corresponding to the following definitions:

  1. to take or receive (property, a privilege, title, etc.) as an heir at the death of a former possessor -

  2. the action of showing something for inspection or verification -

  3. a person's formal declaration as to the disposal of his or her property after death; the document in which this declaration of intention is expressed -

  4. a person who has custody of the person or property of a minor or other person deemed incapable of managing his or her own affairs -

  5. a person who has responsibility for controlling or administering property in trust -

  6. to dispossess of or bar from an inheritance -

  7. succession of property that has not been disposed of by a valid will -

Answer the following questions:

I. Can you compare the main rules of will making in the USA and Russia?

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Witnesses

You must date and sign the will in the presence of at least two witnesses. Three are required in Vermont, and it's a good idea to use three in all states. Your witnesses cannot be named to receive property in your will. The witnesses watch you sign your will, and then sign it themselves.

Notarization

Contrary to what many people believe, wills don't have to be notarized to be valid. However, in most states you may want your witnesses to sign a short document called a "self-proving" affidavit (a sworn statement) before a notary public. Doing so makes the probate process easier: your witnesses won't have to come to court after your death to swear that the will is valid.

If you move

Generally, a will is valid in any state where you die, if it was valid under the laws of the state (or country) where you were "domiciled" when the will was made. Your domicile is the state where you have your principal home, where you spend most of your time, as opposed, say, to a summer home. You can have only one domicile.

If you move to another state after signing your will, you should review your will in light of the new state's laws, especially property ownership laws that apply to married couples. Fortunately, you'll probably determine that your original will remains valid.

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