The legal industry has a secret: they use confusing, outdated Latin words to make estate planning sound incredibly complicated. Why? Because if you are confused, you are more likely to pay their $1,500 retainer fee.
At BudgetWills.com, we believe that protecting your family shouldn't require a law degree. The truth is, the concepts behind a Last Will and Testament are actually very simple once you strip away the "legalese."
If you have ever felt intimidated by a legal document, you are not alone. Here is our official "Jargon Buster" - a plain English translation of the five most confusing words lawyers use, so you can take control of your legacy with confidence.
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Get Your Will1. "Testator" (Translation: YOU)
This is simply the legal term for the person who is making the will. If you are sitting at your computer typing out a document that says who gets your house and your dog, congratulations - you are the Testator.
2. "Intestate" (Translation: You didn't make a plan)
If you die "intestate," it means you passed away without a legally valid will. When this happens, the state government steps in and uses a rigid formula to decide who gets your money and who raises your kids. (Hint: You want to avoid this at all costs).
- Dying Testate = You died with a valid will. You are in control.
- Dying Intestate = You died without a will. The government is in control.
3. "Executor" (Translation: Your trusted manager)
An Executor is simply the person you name in your will to carry out your instructions after you pass away. They are the ones who will pay off your final credit card bills, close your bank accounts, and hand the keys to your house over to the people you left it to.
4. "Beneficiary" (Translation: The people getting your stuff)
A beneficiary is anyone (or any charity) that receives something from your estate. If your will says, "I leave $5,000 to my nephew, Tim," then Tim is a beneficiary.
5. "Probate" (Translation: The slow, expensive court process)
Probate is the legal court process of proving that your will is valid and officially transferring your assets to your family. It is notoriously slow (often taking 6 to 18 months) and expensive. Having a clear, well-drafted DIY will helps your Executor navigate probate as quickly and cheaply as possible, saving your family thousands.