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.

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.

A Living Will is a document which allows an individual who is terminally ill and is unable to make a responsible decision regarding medical care to request that life supporting actions be withdrawn. Although sometimes controversial, the right to make a living will really amounts to nothing more than the basic legal right that each person has to decide what may be done to his or her body. This also includes the right to refuse medical care or treatment even though the care or treatment may be necessary to continue life.

The initial form of Living Will varies on a state-by-state basis. In some states, a living will only takes effect when two physicians confirm that a patient is terminally ill and is unable to make any decisions regarding care. When these conditions are met, the patient has the right to direct all life sustaining procedures to be withdrawn. With this, the living will represents a clear communication of the patient’s desires regarding the use of advanced medical technology to sustain life in such circumstances.

Durable Healthcare Power of Attorney

A power of attorney is a written document by which one person allows another as his or her agent, and it gives the agent authority to act in place for the stated purpose. A Durable Healthcare Power of Attorney is a document through which an agent is appointed to make healthcare decisions for the principal in circumstances in which the principal is otherwise unable to make such decisions. If the principal has a terminal condition or illness, a Durable Healthcare Power of Attorney may serve as a supplement to his or her Living Will, and it may allow the agent to reinforce the personal decisions of the principal reflected in the Living Will. However, a Durable Healthcare Power of Attorney also authorizes the agent to make healthcare decisions for the principal in circumstances in which the principal is temporarily or permanently incapacitated, but is not terminal. A Durable Healthcare Power of Attorney may be applicable in circumstances in which a Living Will is not effective.

The person appointed in a Durable Healthcare Power of Attorney may be given great discretion to make decisions for the principal using his or her best judgment as to the desires of the principal in any particular set of circumstances. However, if one of the options available to the person is intended to be the right to decline medical treatment on behalf of the principal in certain circumstances, a better alternative to the use of a Durable Healthcare Power of Attorney would be to use the Durable Healthcare Power of Attorney as a form of “Medical Directive.” In such a document, the principal may state specific wishes and directions regarding the use of various types of medical treatment in several different situations, and request that the agent follow those wishes and directions if the circumstances described in one of those situations actually arise. The agent could then be given authority to make independent judgment if circumstances fall outside those described in the fact situations.

Durable Power of Attorney

Another Living Will is called “Durable Power of Attorney”; the principal authorizes the agent to act on behalf of the person dealing with financial agreements or affairs. The keys with such a document are that it is prepared and signed at a time when the principal has the necessary mental capacity to understand its nature and significance and that it contains the necessary language to allow it to continue to be valid and effective during any period of time that the principal is incapacitated.

A Durable Power of Attorney may be made effective immediately, or if the principal is concerned about the possibility of  losing control of his or her financial affairs at a time when he or she is not incapacitated.  Also, the powers given to the agent to deal with financial matters may be narrow, such as the authority to act on behalf of the person at a real estate closing, or broad, including the authority to handle all of the financial affairs of the principal. Every scenario varies.

Revocable Living Trust

A Revocable Living Trust is a trust entity created by a competent person (the “grantor”), during his or her lifetime, which may be amended or revoked by the grantor at any time.  Typically, the grantor of such a trust would also be its initial trustee, with provisions in the trust agreement designating a successor or alternate trustee in the event that the grantor becomes incapacitated, or is otherwise unable to act.  Ownership of all or some portion of, the assets of the grantor is transferred to the trust, subject to instructions contained in the trust agreement regarding management and disposition of such property, both during the life of the grantor and following his or her death. In most cases, the grantor is the primary beneficiary of the trust during his or her lifetime, and the trust agreement contains instructions for distribution of the trust assets to other beneficiaries only following the death of the grantor.

A Revocable Living Trust is a useful document for allowing the grantor to retain control of his or her assets while competent, yet provide for management of such assets by the successor or alternate trustee in the event of the grantor’s incapacity. It also may have some benefit in protecting assets of the grantor from creditors, and upon the death of the grantor, it serves as a will substitute, allowing the trust assets to be transferred to the grantor’s beneficiaries in a simple and private fashion, outside of the probate process.

In some circumstances, it may be appropriate to use both a Revocable Living Trust and a Durable Power of Attorney. A trust is created, but the grantor either transfers no assets or only a nominal amount of assets to the trust. Provision is then made in the trust agreement for the transfer of all of the assets of the grantor to the trust in the event of the grantor’s disability. The transfer upon disability is accomplished through a Durable Power of Attorney executed at the time the trust is created.

In this case if you were interested in creating your own Living Will, you can simply go to www.createawill.com and find your own specific state Do it Yourself Living Will & Testament Forms and Kit.

The two most prominent documents used in estate planning are a Last Will and Testament and Living Trust. Both documents can plan for your family and assets following your passing, and often the two are used together for more complete estate plan. While both can handle the bulk of your estate planning, there are differences between the two.

Last Will and Testament

A Last Will and Testament is the most basic of your estate planning documents and includes the following attributes:

• You are able to name an executor of your will to handle your wishes and estate. An executor will help work your will through the probate process and handle the distributions of your property and assets following probate fees, taxes and payment of all debts.

• You are able to list specific items or percentages of your assets as bequests to certain parties to be distributed when the parties reach a legal age.

• You are able to select a custodian for your children and their assets until they reach legal age.

• Your will be put through probate following your death and property would be held by the court until the probate process was complete and all applicable fees have been paid.

Living Trust

A Living Trust is a more advanced estate planning tool used to give you additional options for distributing your assets as well as protection from many of the fees and delays caused by probate. A Trust has the following attributes:

• You are able to assign a trustee to handle your trust following your demise or incapacity for any reason. The executor will pay all applicable taxes and debts then distribute or continue to manage your property as you’ve requested.

• You can make bequests to specific parties in any format you like. You may elect to distribute your property and accounts immediately following your passing or you can set up a plan for distribution over a span of time and with conditions you set to be sure your bequest is being made in a way that suits the individual and your preferences.

• You are able to select a guardian for your children until they are of legal age and for their assets until a time based on any condition you set.
• Your living trust will be managed during your lifetime and transfer to another designated trustee following your death or incapacitation with no interruptions or publicity in the court.

Creating a Last Will and Testament using forms from CreateMyWill.com is simple, but you can make the process even faster by assembling the documents and materials you need to complete the forms prior to downloading our Last Will and Testament forms.

Basic Information

To complete all of the forms including in the Last Will and Testament collection, which includes trusts and a power of attorney, you’ll need the following:

• Your legal name
• Your marital status
• Your gender
• Your full address
• Your spouse’s legal name

Specific Will Documents

To complete the Last Will and Testament documents, you’ll need to have the following information on hand:

• The full name, address and gender of the person or people you would like to serve as the executor of your estate. This is the person who will be in charge of following your will’s instructions after you pass.
• The full and legal names of any and all children you wish to be included in the will. Be sure to include all natural, adopted and step-children you would like to see included in the will. Step-children must be listed to be included. Natural and adopted children should be listed by name to avoid complications.

• A list of full and legal names for any grandchildren you would like included in the will.

• If you plan to make bequests of a particular property or assets through the will, those must be included specifically. Have a list of legal names and the bequeathed items ready.

• If you have minor children, you have the option of appointing a legal guardian to see to their interests and inheritance following your demise. If you don’t select a person to care for your children, the courts will. Be sure to include the full name and other legal identification for this individual.

• You’ll also need a list of parties that stand to inherit the remaining or percentages of the remaining property after all bequests have been made. This can include individuals, trusts and charitable organizations.

Additional Information

If you will be completing a Power of Attorney along with your Last Will and Testament, you’ll also want to have the following on hand:

• The full and legal name, address and gender of the party who will act as your attorney-in-fact. This is the person who will be making decisions on your behalf.

• The state where the Power of Attorney will be applicable.

• A list of specific powers you are appointing to the power of attorney.
• An end date for the power of attorney if applicable.

I never gave much thought to creating a will.  In the back of my mind I always thought that “Yes, it is a good idea,” but never did much about it.  After I got married and had three kids, I still never gave much thought as to what to do about creating a will.  Seems like it is one of those never ending cycles of best intentions but rarely something that actually gets done.  Finally, after having been married and having three kids i took the time to get things going.  Why is a will a good idea?  Because without a good will you are doing little more then ensuring that your family will have more problems to deal with after you pass away.  isn’t it hard enough to deal with the loss of a loved one?  Why add probate, attorney fees, legal costs and everything else that comes with not having a will.   I may not know much about the law but I do know that I love my wife and kids.  I do not make much money and this economy who is…. However, thank God for www.createmywill.com.  When I logged into this site and found the forms and kit for a simply download, it was an answer to my prayer.  Much better then legal zoom and a lot cheaper.  Creating the will was so easy with Create My Will.  It took me about 20 minutes to create the initial document and i was all set.  I certainly suggest doing so.

Here are my Top 5 reasons to have a will:

1. Your family can avoid probate after you pass away
2. Your assets are spelled out.  It’s a good exercise to not only document the assets but other things in yout life like where the money is and how your family can access it when you pass.  No, that’s not part of a will but I found myself creating lists that will work out when I pass away.
3. From the grave, you have the ability to communicate your hopes, wishes and plans.  It’s a way to have a say in things like college funds, estate measures and family matters long after you have passed away.
4. Creating a last will and testament is not expensive.  You can do it from a number of online websites.