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Where there's a will there's a way to document final wishes

06:48 PM CST on Friday, February 23, 2007

By Brad Woodard / 11 News

Click to watch video

"I want her buried with her son in The Bahamas..."

If you're among those who watched the courtroom melodrama surrounding the battle for Anna Nicole Smith's remains, maybe it got you to thinking about the importance of wills.

Of course, this isn't you're typical case.

"That judge did not recognize rules of evidence, procedure or even jurisdiction. I don't think any Texas judge is as bad as that judge," said 11 News legal analyst Gerald Treece.

Anna Nicole Smith left everything to her now deceased son in a 2001 will. So you might presume that will would have made provisions for her final resting place.

Although it was once the norm, fact is, these days burial instructions typically are not included in the will. That's something that's left to the discretion of the will's executor who is supposed to follow the wishes of the deceased.

No one expects to die, but if you're one of those putting off the task of drafting a will, consider this: In Texas, there is something known as a holographic will.

"Which means in your own handwriting sit down and say I am who I am. This is my last will and testament and then set out anything you want done," suggested Treece.

But most everyone agrees you'd be better off paying a professional.

"Particularly with children. If you don't have a will, everyting that goes to children goes thru a guardianship which has to be created and court supervised and are very cumbersome," said Clay Moore, an estate attorney. "If you have a will you can name a trustee for the child."

Allowing you to rest in peace, before you're actually resting in peace.

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