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For probate of an estate, we will need the decedent's original
will (if any), and a certified copy of his or her death certificate. You can obtain one from the funeral home, or from
the town hall of the town where the decedent resided at the time of his or her death. Generally, a will must be submitted
for probate within three years of a person's death. The "probate information worksheet" can help you organize the
estate. Before your appointment to discuss
your will, you should think about the following questions: Who will be in charge of carrying out your wishes
(your Personal Representative or Executor)? Is there another person who could serve as an alternate if your first choice
is unable or unwilling to serve? If you have a minor or disabled child, who would take
care of him or her if something happened to you (a guardian)? Who would control money or other property left for
the benefit of a minor child until he/she is an adult (a trustee)? The "estate
planning worksheet" may help you organize your thoughts. It may also help your Personal Representative
organize your property and take care of any debts. You may also want to prepare a durable
power of attorney (also known as a "financial" power of attorney) so that, if you are unable to handle
your own affairs, your agent can take care of them for you. This may include paying your bills, selling, leasing, or
mortgaging property, filing tax returns, and collecting money owed to you. Finally, many
clients prepare an advance healthcare directive, which may include living will provisions and appointment
of a healthcare proxy or power of attorney for health care decisions.
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