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A will ensures that you can select the administrator of your estate, who gets your belongings, who takes care of your minor children, and allows you to set up a trust for children or grandchildren so that they do not have full control over or access to an inheritance until they are mature enough to do so.

A will is the legal instrument that permits a person, the testator, to make decisions on how his estate will be managed and distributed after his death. It also ensures that you can select the administrator of your estate, who gets your belongings, who takes care of your minor children, and allows you to set up a trust for children or grandchildren so that they do not have full control over or access to an inheritance until they are mature enough to do so.

Many people however, have certain misconceptions about Wills from watching television or movies. One misconception is if you have a Will, your assets do not go through probate court. This is incorrect! Wills are in fact directions to the court as to where the assets go, who is in charge, who the guardians are going to be etc. Certainly, having a Will is better than having nothing at all but it does not get you out of probate court.

We would be happy at Klemp and Stanton, to explain why assets go through probate with a Will and what your other options are in avoiding probate.