In most states the person writing the will is called the testator and he or she has the right to prepare a document known as a will
and direct the disposition of his or her assets in the event of death. In the will the testator has the right to appoint a personal
representative or executor who will be granted the right to ensure that the terms of the will are properly executed and all property
is given to the person or people designated in the will. Once the testator has written the will and named a personal representative
or executor, he or she must sign the will in the presence of witnesses (usually two or three people) and a notary public. (A
notarized will is not required in all 50 states but it is preferable.)
The will can direct the payment of certain debts and determine
how the proceeds of life insurance are spent. In addition the testator can direct the personal representative to sell property and
spend the proceeds in the manner he or she believes appropriate. In many ways a testator lives beyond the grave by writing a will
directing the actions of others in the manner that the testator sees fit. This permits the person who has attained the assets to direct
their disposal after death, and as long as the directions are lawful they should be carried out with specificity by the appointed
executor or personal representative.
