Copyright 2018 - Victoria County
  • A document which directs how a person estate will be distributed once they are deceased

  • A supplement or addition to a will, not necessarily disposing of the entire estate but modifying, explaining, or otherwise qualifying the Will in some way. When admitted to probate, the codicil becomes a part of the Will.

  • An instrument, by which a person states their intention to refuse any medical treatment. It would release the healthcare providers of all liability if the person should become both incapacitated and unable to communicate such a refusal.

  • You should keep the original Will document in a safe place where it will be easy to find after you die. It is a good idea to tell someone where to find your important papers in the event of your death. It is not a good idea to make copies of your will.

    Some helpful suggestions:

    • Keep in a fireproof safe at home, or
    • Place in SAFEKEEPING at the County Clerk's Office. There is a one time small fee for this service. The Will remains secure in a vault until you claim the document or until an authorized person claims it, upon your death, in order to probate the Will.
    • Put in a SAFE DEPOSIT BOX at a financial institution. When putting your will in a safe deposit box you need to list additional persons that you will like to access your safe deposit box to withdraw your Will for the purpose of distribution of your estate. If you do not have anyone listed on the safe deposit account they will not be able to withdraw the Will without a COURT ORDER from the court.
  • INTESTATE is one who has died without a valid will.

  • PROBATE is a process of distributing someone's property after his or her death. It provides an orderly way to transfer real an personal property. The Probate process may be used whether someone has left a will or not. Probate of an estate without a will requires more court intervention.

  • TESTATOR is one who has died with a legally valid Will.

  • A DISTRIBUTEE is a beneficiary entitled to payment. An heir, one who obtains personal property from the estate of an intestate decedent.

  • A court may appoint a guardian with full authority over an incapacitated person or may grant a guardian limited authority over an incapacitated person as indicated by the incapacitated person's actual mental or physical limitations and only as necessary to promote and protect the well-being of the person. If the person is not a minor, the court may not use age as the sole factor in determining whether to appoint a guardian for the person. In creating a guardianship that gives a guardian limited power or authority over an incapacitated person, the court shall design the guardianship to encourage the development or maintenance of maximum self-reliance and independence in the incapacitated person.

  • One who has the legal authority and duty to care for another's person or property, because of the other's infancy, incapacity, or disability. A guardian may be appointed either for all purposes or for specific purposes.

  • A Power of Attorney is a written document by which a person legally delegates to someone else a part or all of his/her authority to make legal decisions on certain matters on a short or long-term basis.

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