Do I really Need a Will?

When it comes to creating a Will.  Some people say well if you are not going to be around any longer, what is the point of a Will?  There are many different reasons why you should have a Will.  Let’s start with the reasoning behind a Will first.  A Will is a legal document that states the  stating the wants of a person with regard to the nature of the properties or assets after the death of a person.   A Will can protect your assets and help minimize the battles over your property.  If you die without one, your assets may not be distributed as you may want them to be. Attached are a few ideas on why you may want to create a will.

· To provide for your family.

· Specify whom you would like to receive your property.

· Request specifics at your funeral and burial.

· Create a trust for your children.

· Disinherit a person(s)

· Name a guardian for minor children

A Living Will is a legal document that explains the desires of a person with regard to medical decisions in the event where the person is unable to act on his/her own behalf.

What are the Legal Requirements of a Living Will?

Any person over the age of 18 can draft his/her own will without the help of an attorney. Additional requirements may vary depending on the jurisdiction but every will must contain the following:

• The owner of the Will must clearly identify himself as the maker of the will and that a will is being made; this is commonly called “publication” of the will and is typically satisfied by the words “last will and testament” on the face of the document.
• The owner must also declare that he or she cancels all previously-made wills and codicils.  Otherwise a previous made will revokes earlier wills and codicils only to the extent that they are inconsistent. However, if a following will is completely inconsistent with a previous one, it will be considered completely revoked by implication.
• The author must demonstrate that he has the capacity to dispose of his property and does so freely and willingly.
• The author must sign and date the will usually in the presence of at least two witnesses (persons who are not beneficiaries).
• The author’s signature must be placed at the end of the will. If this is not followed, any text following the signature will be ignored or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the person’s intentions.

After the author has passed, a proceeding will take place in court to determine the validity of the will. If the Will is ruled invalid then the inheritance will occur under the laws of intestacy, as if a will were never created.  You may find more information and resources by your local library or courthouse as well as the internet for your specific state.  Keep in mind that every state varies.

A Will is a matter of crucial importance and is able to be done yourself by simply going to www.createawill.com. We offer state specific downloadable forms and kit to not only save you money but time and a  peace of mind as well.

A Living Will is the last written testament given by the deceased person telling their survivors what to do with their property & assets. In most states for a will to be valid it must abide by specific guidelines as to, signing, witnessing and notarizing. The requirements all vary from state to state.

You are able to make a will if you are of legal age and sound mind. All states consider legal age, eighteen years old. To determine if the person has a sound mind the law uses these guidelines: the person must understand the nature of his property the people who he would normally leave the property to, and the reasons in which he is leaving it. A person does not need to be very smart to understand these things, or be in perfect mental health. The only people who could not write a will under these circumstances are those that are moderately to severely mentally ill or deranged.

A will won’t be accepted as valid unless it meets all requirements. All wills must be in writing. Any type of photograph or video tape is not considered a valid will. Any language is valid. It must be written on a legible surface paper or anything as long as it can be read and is a fairly permanent record is acceptable.

The Will must contain the signature of the testator to be valid. It does not matter if the signature is not legible or even spelled correctly. The important aspect of the signature is that the signer intended it to be their “mark” So, an X or a dot or even a line would be valid as long as the testator meant it as their signature. This is an important concept in the matter of wills, because a person who is illiterate or paralyzed may only be able to put a dot or an X. Normally the signature should be at the end of the will, but some states will allow it to be anywhere in the will. Be sure to educate yourself on your specific state.

Most states require that the signature of the testator be witnessed by at least two witnesses. There is no need for the witnesses to know what is inside the will, only that they know it is being signed by the testator. Some states require that the witnesses be adults, others do not. But all states require that the witnesses be competent enough to understand that they may need to testify or verify they saw or know of the will being signed by the testator. The witnesses should not be in the will as beneficiaries. Nor, should the witnesses be spouses of any of the beneficiaries. The witnesses must sign that they saw the testator sign the will, or that the testator states.

All of these signatures need to take place in the presence of each other. In other words, the witnesses need to see, or confirm, the testator’s signature, and the testator must see, or affirm, the witness’s signatures. Many states provide for a “self-proving affidavit” to be included in the will. What this does is make it unnecessary for the witnesses to go to court to testify that the testator signed the will. To include a “self-proving affidavit” in the will a notary will need to be present at the time of signature to notarize the affidavit properly. Keep in mind that all states vary and you should find out which steps you need to take before preparing your last will & testament.

On this note if you are ready to take your first step to making your last will & testament to protect your assets, simply go www.createawill.com and begin your specific state low cost do it yourself will process today.

It is sometimes considered that creating a will is not an easy process. On the contrary, it is rather simple and straight forward to create a will.

A will, in basic words, is a document to ensure that your estate (assets without liabilities) is distributed off the way you desire.

In legal terms, a will is defined as the legal statement of the intentions of the testator, with respect to his property and assets, which he desires to be carried into effect after his death. Such disposal comes into effect only after the death of the testator.

Making a will is one of the most important parts of personal financial planning.

Normally lots of people avoid making one. A will enables each one of us to distribute our property and assets in the manner we wish to distribute it. A will may also reduce the risks of undue litigation, delays, misunderstandings and disputes amongst family members.

A will can be hand-written, or typed up depending on your choice. It requires no stamp duty or registration, although experts advise that a will must be registered so that it is in safe custody. The will must be attested by two witnesses and notarized.

Consider some basic guidelines while creating a will:

• A will can be hand written in ink but preferably should be typed up
• It does not require any stamp paper & and it need not be registered but is recommended.
• It should preferably be drafted by a lawyer, and checked by an accountant.
• It is advisable to name in your will, more than one executor/executrix to administer the estate and distribute the property, as per your desire.
• The will must be signed by you in the presence of at least two witnesses who must also sign the will at the same time. Their full names and addresses should be given
• The executor or beneficiary cannot attest the will as a witness.
• The executor of the will can also be named as a beneficiary and vice versa. Sign each page of the will, so that nobody can substitute a page later on, nor can anybody argue about fraudulent insertion of a page subsequently.
• Keep your will in a safe place. Inform the executor and beneficiaries where the Will is kept. Also give a signed copy to your lawyer.
• Review your will regularly, say once a year. It may need revisions to take care of changes in your financial or family circumstances.
• On the demise of a spouse, the surviving spouse needs to revise his/her will.

Some legal terms of a Will

Estate: The sum of all the assets of a person, less his liabilities becomes his estate. In short, all properties, bank accounts, investments, insurances and collectibles, less the liabilities of a person, are collectively called a person’s estate.

Testator: A person who makes his will is a testator.

Executor: A person who executes the contents of the Will after the demise of the testator is called the executor. The executor is the legal representative for all purposes of the deceased person.

Legatee/ Beneficiary: Legatee is a person who inherits the estate. You should state how you wish your assets to be distributed. This includes naming one or more persons whom, you would like to receive all or part of your estate when you die, and who will benefit if your first choice beneficiary (or second or third) predeceases you.

Probate: Probate is the legal process of settling the estate of a deceased person, specifically resolving all claims and distributing the deceased person’s property under the valid will.

Now that you are educated with information regarding making a will you can begin making your will immediately. Simply go to www.createawill.com and download your low cost do it yourself will online today.

Everyone should have a will, which should cover at least the following seven essential guidelines to avoid difficulties in the future:

· Be sure that only one Will is created and exists.

· Determine who you want to serve as your executor.

· Carefully plan for your dependents’ future.

· Designate a guardian for any or all young children.

· Assign specific assets or gifts to relatives, friends, or charities.

· Decide which people or organizations should receive the assets of your estate.

· Put in writing the details of your funeral arrangements.

After following the bulleted basics above, you may wish to consider a few other points.

A Will is much more than a simple outline of the final distribution of your property and effects.  It’s also an occasion to explain your plans for the continued financial support of the people and projects that you have actively supported during your lifetime.

It can also be the time to finally help those people and groups that you always wanted to help out but simply didn’t have the resources to do so.

Be Sure to Update your Will whenever Necessary

If your financial situation has changed significantly as a result of purchases, investments, inheritances, inflationary increases, business growth, etc., you need to reflect these changes in your Will.

How often you do this will depend on the wording of your original Will and how significant the changes in your circumstances are.

Certainly, anything that is not already specifically detailed in your existing Will should be added now.

Reflecting lifestyle and interest changes in your will

If you haven’t examined your Will in several years, you may need to consider whether it adequately covers your current lifestyle, attitudes, and interests.

People realize that if they have retired, changed occupations, or even if their family situation has changed, they may need to reconsider the terms of their Wills.

Many people who were unable financially to help support groups or causes during their lifetimes use the opportunity provided by their Wills to leave a legacy for future generations.

Consider everything carefully – It is YOUR WILL!

While everyone involved in estate planning agrees with the urgent need to create a Will, remember that it is, in fact, you’re Will. Consider your own wishes and feelings.

Quite simply, your Will is a very important document, but if it doesn’t accurately express your wishes, it isn’t well done.

Talk it over with your loved ones. Consider the future. Make a draft. Think again. Your Will is one of the most important, and personal, documents you will ever prepare!

Consult an attorney if necessary

Estate planning experts strongly recommend that you seek the advice of an attorney when making out your Will.

Laws about Will-making and taxes can vary from place to place and the specific wording needed to ensure that your wishes are carried out may require the help of a lawyer.

Other Options!

Consulting an attorney can help you hugely but keep in mind that you have the choice to pay an attorney or you are able to do it yourself. You can simply begin this low cost downloadable specific state do it yourself create a will process now by going to www.createawill.com now.

One of the most important decisions in your life may be to protect your assets and your wishes before you pass.

One of the most important contracts you may ever sign in your life is one that will protect your assets and your wishes after your life is over. A will is one way to ensure that your assets and final wishes are respected and can be a great comfort to your family and friends upon your death. Maybe you’re thinking that you may not be able to afford a will to be drawn up by an attorney. Or you think to yourself that you don’t have much anyhow, so why put it in writing. So let’s just look at this realistically. You may not think you have a lot of assets, but if you own any property or anything of cash value, you need a will. Its very simple.

Designating a beneficiary on your insurance policies and establishing a Pay on Death Clause in your bank accounts can help with some of these issues, but not everything allows for this. While you may believe your spouse or child is going to automatically inherit your property, this is not a fact. Courts have granted an ex-spouse and distant relatives a person’s estate and assets when there has not been a clear indication of those items being willed to someone. This is how important it is to have a will created before you pass.

As far as affording to create a will, there are more options available than ever before, and one of the newest options for creating a will and testament is using on online do it yourself state specific create a will kit.

The first step you need to take toward creating an online will is to get your paperwork together. You will need at the very least all of the following items:

· Bank Accounts and Account Numbers

· Vehicle Identification Numbers to any vehicles

· All Credit Card Information

· Mortgage and Title/Deed on Homes

· A list of personal property belonging solely to you

· A list of personal property belonging jointly to you and someone else

· Child custody and birth records or information for minor children

· Any documents or papers for residual income, royalties, copyright ownership, patents held

Anything else you can think of that is important to you that you want to give to someone else in your life. Before you begin to create your will, you need to get all of your information together and in one place, because this will make creating the will faster and easier.

The next step in the process of creating an online will is to find the will creation service, software or document you want to use. You can begin your low cost attorney free down-loadable create a will forms and kit at www.createawill.com and begin to protect you’re assets and properties today.

What is a Will and its Preparations?

A Will is a legal document stating the desires of a person with regard to the nature of property after the person’s death.  A Will can protect your assets and help minimize the chances of a contest over your estate. If you die without one, your assets may not be distributed as you may want them to be. You may use a Will for the following purposes.

· Provide for your family

· Specify whom you would like to receive your property

· State your funeral and burial instructions

· Create a trust for minor children

· Disinherit a person(s)

· Name a guardian for minor children

A Living Will is a legal document expressing the desires of a person with regard to medical decisions in the event that the person is incapacitated and unable to act on his/her own behalf.

Legal requirements for the creation of a will are as follows:

Any person over the age of 18 can draft his/her own will without the help of an attorney. Additional requirements may vary depending on the jurisdiction but every will must contain the following:

• The author must clearly identify himself as the maker of the will and that a will is being made; this is commonly called “publication” of the will and is typically satisfied by the words “last will and testament” on the face of the document.
• The author must declare that he cancels all previously-made wills and codicils.  Otherwise a previous made will revokes earlier wills and codicils only to the extent that they are inconsistent. However, if a following will is completely inconsistent with a previous one, it will be considered completely revoked by implication.
• The author must demonstrate that he has the capacity to dispose of his property and does so freely and willingly.
• The author must sign and date the will usually in the presence of at least two witnesses (persons who are not beneficiaries).
• The author’s signature must be placed at the end of the will. If this is not followed, any text following the signature will be ignored or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the person’s intentions.

After the author has died, a proceeding will take place in court to determine the validity of the will. If the Will is ruled invalid then the inheritance will occur under the laws of intestacy, as if a will were never drafted. You may find other information and resources by your local library or courthouse as well as the internet for your specific state. Every state may vary in its own way.

A Will is a matter of crucial importance and is able to be done yourself by simply going to www.createawill.com. We offer state specific downloadable forms and kit to not only save you money but time and peace of mind as well.