1. A power of attorney continues after death.
FALSE. If you have been appointed as someone’s power of attorney, that power terminates at the time of their passing.

2. When you die, your debts die with you.
FALSE. Depending on the size of your Estate, your Estate may be liable to pay your debts including credit cards, medical bills, and taxes.

3. If you die without a will, the state gets all your money and property.
FALSE. The laws of Intestate Succession provide a formula for who gets your property if you die without a Will. Beginning with your spouse, children, grandchildren, siblings, nieces, and nephews, each state has designed a specific order of how your Estate will be distributed. Only if there are no living relatives does the state inherit your property.

4. To be valid, a will must be notarized.
FALSE. To be valid, your signature must be witnessed when you sign the document. Further, most states require that there be at least two witnesses who must also sign the document that they witnessed you signing the will.

5. If you are named in a will as the representative, you must serve.
FALSE. You may decline the appointment. Further, if a will must be probated, your appointment must first be approved by the court before you can assume your role.

6. All wills have to be probated.
FALSE. Depending on your state law, unless the value of the estate exceeds a certain stated value, property may be transferred without the need for a formal probate.

7. If a divorced parent dies leaving a minor child, the child automatically goes to her former husband.
FALSE. In a Will, you can name the guardian of your child if you should pass away. If a former spouse objects, a court will decide what is in the best interest of the child as to who should raise the child.

8. Probates are very expensive and take forever.
FALSE. Depending on the simplicity or complexity of the issues and the size of the Estate, probates are generally concluded within a year of the decedent’s passing. However, sale of real property and other transfers can usually occur before the Estate is closed. Further, many Estates can be handled without the need for an attorney saving the Estate from having to pay probate fees.

9. A Living Will is the same as a Will.
FALSE. A Living Will, also known as a Directive to a Physician, is your declaration whether or not you want artificial life support. A Living Will talks about your personal wishes and does not discuss how you want your property to be divided.

10. A handwritten Will must be witnessed.
FALSE. To be valid, a handwritten Will must be written entirely by the writer of the Will known as the Testator. It cannot be typed. Further, if it is witnessed, the handwritten Will is invalid.