Q: Can my will give me total control over all of my property?
A: Yes, that is what a will can do. But a will does not control real estate that is subject to a right of survivorship or a transfer on death affidavit, or life insurance and retirement accounts that have beneficiary designations on file, or bank accounts that are jointly owned or have transfer on death designations. A will also does not provide any direction for your property while you are still alive, but unable to care for yourself. For that you need a financial power of attorney, living will, health care power of attorney, etc. And depending on the circumstances of you and those who depend on you, you also might need to consider a trust. So to evaluate your situation, you should consult with a local estate planning attorney who can advise you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
