WHAT HAPPENS IF YOU DIE WITHOUT A WILL?
If you die intestate (without a will), your state's laws of descent and distribution will determine who receives your
property by default. According to an article published on the American Bar Association’s Web site (www.abanet.org) These laws vary from state to state, but typically the distribution would be to your spouse and children, or if none, to other family members. A state's plan often reflects the legislature's guess as to how
most people would dispose of their estate and builds in protections for certain beneficiaries, particularly minor children. That plan may or may not reflect your actual wishes, and some of the builtin protections may not be necessary in a harmonious family setting. A will allows you to alter the state's default plan to suit your personal preferences.

WHAT A WILL DOES
A WILL provides for the distribution of property owned by you at the time of your death in any manner you choose (subject to the forced heirship laws of some states that prevent disinheriting a spouse and, in some cases, children).Your will cannot, however, govern the disposition of properties that pass outside your probate estate (such as certain joint property, life insurance, retirement plans and employee death benefits) unless they
are payable to your estate.

Wills can be of various degrees of complexity and can be utilized to achieve a wide range of family and tax objectives. If a will provides for the outright distribution of assets, it is sometimes characterized as a simple will. If the will establishes one or more trusts, it is often called a testamentary trust will. Alternatively, the will may leave probate assets to a preexisting inter vivos trust (created in your lifetime), in which case it is called a pour over will. In either case, the purpose of the trust arrangement (as opposed to outright distribution) is to ensure continued property management and creditor protection for the surviving family members, to provide for charities, and to minimize taxes.

Aside from providing for the intended disposition of your property to spouse, children etc., there are a number of other important objectives that may be accomplished in your will.

• You may designate a guardian for your minor child or children if you have survived the other parent-and, by judicious use of a trust and appointment of a trustee, eliminate the need for bonds and supervision by the court regarding the care of each minor child's estate
• You may designate an executor of your estate in your will and eliminate the need for a bond; in some states the designation of an independent executor will eliminate the need for court supervision of the settlement of your estate.
• You may choose to acknowledge or otherwise provide for a child (e.g., stepchild, godchild, etc.) in whom
you have an interest, an elderly parent, or other individuals.
• If you are acting as custodian for the assets of a child or grandchild under the Uniform Gift (or Transfers) to
Minors Act, you may designate your successor custodian and avoid the expense of a court appointment.

Good planning can also enhance your support of religious, educational, and other charitable causes.

WHAT A WILL DOES NOT DO
A WILL does not govern the transfer of certain types of assets, called nonprobate property, which by operation of law or contract pass to someone else on your death.

HOW TO EXECUTE A WILL
Wills are signed in the presence of witnesses and certain formalities must be observed. A later amendment to a will is called a codicil and must be signed with the same formalities. In some states, the will may refer to a memorandum disposing of tangible personal property, such as furniture, jewelry, automobiles, etc., which
may be changed from time to time without the formalities of a will. In many states, a will that is formally executed with the signatures notarized is deemed to be self proved and may be admitted to probate without testimony of witnesses or other additional proof.

THE LAW AND YOUR HOME
Negligence is usually the basis of a liability suit. Take steps to avoid the conditions that would prove carelessness. Some examples of cases in which a court might find you negligent:

• Failure to maintain your property or creation of a condition that may result in injury or damage to someone
else's property;
• Knowledge of a hazard and lack of intent to eliminate the hazard, erect barriers, or warn people who enter
your property;
• Lack of care in maintaining or creating hazards that might attract children;
• Actions or inaction that might cause damage to your neighbors' property.

WHAT IF SOMEONE IS INJURED ON YOUR PROPERTY?
In some cases, a jury may decide that although a homeowner was partially responsible for what happened, the person injured was also partially responsible. This is called"comparative or contributory negligence." For example, if you forget to tell your houseguest that you have just dug a pit in your back yard for the new
septic system, and the guest decides to get a breath of fresh air and wander around in the back yard in total darkness, a jury might find both of you partly responsible for your guest's broken leg. In that case, the jury might reduce the amount of the damage award you might otherwise have to pay.

LIABILITY CONCERNING CHILDREN
The courts have ruled that some dangerous places look like such fun that landowners should expect children to
come play.

The law calls these "attractive nuisances." Even though an uninvited child wandering into your yard to inspect the
swimming pool might well be a trespasser, the law says you have a special duty to erect barriers to protect children from harm's way.

If there is a way in, the child may find it and may get injured and you may be liable. That is why precautions such as fences, locked gates, and swimming pool covers—and good liability insurance—are so important.

LIABILITY CONCERNING PETS
The law holds people responsible for the actions of their pets. Most states have so-called "dog-bite statutes," holding owners legally liable for injuries inflicted by their animals. If your state has no such statute, you may still be found liable under the common-law rule that owners are legally responsible if they knew the animal was likely to cause that kind of injury.You may also be found liable if you violated a leash law or a requirement to keep your pets fenced.

Know your pet's temperament and keep it out of the path of strangers. Keep vaccinations current, and post warning signs if you think your pet might injure someone.

PROTECTING YOURSELF FROM BAD CONTRACTORS
After thinking through what you want and what you can afford, ask for recommendations from people who have had similar work done and talk to building inspectors, bankers, and trade association representatives—people who should know first-hand the work and reputation of contractors in your community.

For a large job, interview and solicit bids from two or three contractors from your list, but make sure they are bidding on exactly the same job to allow comparisons. The lowest bid is not necessarily the best, because a contractor with a reputation for excellent workmanship and for standing behind the work might be worth more. Even if the job is small enough to warrant only one bid, take time to check out your contractor's reputation and credentials.

Make sure a contractor's references had similar work done. For a kitchen remodeling, for example, ask for former
clients who have had kitchens done by the contractor.

CHECKLIST FOR A SAFE HOME
• Repair steps and railings.
• Cover holes.
• Fix uneven walkways.
• Install adequate lighting.
• Clear walkways of ice and snow as soon as possible.
• Be sure children do not leave toys on steps and sidewalks.
• Replace throw rugs that slip or bunch up.
• Reroute extension cords that stretch across traffic lanes.
• Repair frayed electrical cords.
• Keep poisons and other hazards out of the reach of children, even if you don't have children.
• Warn guests about icy conditions and other hazards.
• Erect barriers to your swimming pool; an automatic pool cover or a tall fence with a good lock that you lock, and an alarm on any door leading to the pool.
• Remove all guns or keep them securely locked and out of sight.
• Remove nails from stored lumber; secure any lumber piles.
• Don't leave ladders standing against the side of the house or garage.
• Don't let children stand nearby when you mow the lawn.
• Don't let your guests drink and drive or drive under the influence of drugs.

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