It is amazing to us that the more people we reach through this blog, the more we realize that vast amount of people who still have this archaic preconceived misconception that estate planning and living will planning is only for people named Gates, Buffett, and Zuckerberg. The reality is clear and as a reknowned former US president once said, “Make No Mistake” in that estate planning is something everyone needs to not only consider but take action-especially as we grow older and enter our middle age years. It is easy to be 20 or 30 years old and take on whatever life throws at you but as you get older the odds of demise become less and less in your favor- the best document we could every recommend in gross, sheer terms of importance is without question-a Living Will.

Living Wills basically allow those who may be experiencing the catastrophic effects of some type terminal illness to get down on paper their wishes and how they prefer the treatment to be handled in regards to the medical application and procedures to extend their lives. There my be cases where someone does not want to be placed on a breathing apparatus or somehow kept alive by means of a feeding tube or other medical procedures. The Terry Schiavo case comes to mind. A living will allows the wishes of that person to decide on their own terms how they would like their medical wishes to be granted as well as giving their family a blueprint on how to proceed should the unthinkable occur.

A living will is indeed a legally binding document, as opposed to wills that discuss nothing more then land,bank accounts and business holdings; creating a living will’s only requirement is that the person in question to write down their desires and wishes in the presence of a witness or witnesses. Having a living will spares your loved one the terrible process that is making the final, oftentimes tragic decision on how to proceed in a medical emergency. Imagine for a moment what your family may be put through when faced with making this decision? Isn’t getting your wishes in writing now a far better alternative then forcing loved ones into a difficult decision when they are the most vulnerable emotionally?

It is ironic that living wills are generally not associated with typical estate planning forms but we always advocated that they should be. For all other types of will and estate planning documents, such as traditional wills, CreateAWill.com and EasyAgreements.com are always a button click away from helping you get started on all of you estate planning needs.

No matter how rich or poor you are, having basic estate plans in place is important for you and your family. Estate plans and Living Wills Downloads ensure that the financial goals for you and your family are met after you die in a direct, clear cut fashion. Estate plans contain several pieces such as a will, assignment of power of attorney. and a living will or medical power of attorney. For some,trusts may be an option that make good sense. When devising your estate plan strategy, considering the financial impact of state and federal laws is of utmost importance.

The marathon starts with the first step and taking a good look and compiling your assets is the best way to get started. Assets include everything from varied investments, retirement savings plans(IRAs,401Ks), and life insurance policies, as well as any real estate and business holdings. Ask yourself three questions regarding your Last Will and Testament Form: Whom do you want to inherit your assets? Whom do you want making the decisions in your absence and whom do you want making medical decisions for you if you become unable to make them for yourself?

Don’t kid yourself- Everyone needs some type of will. A will is a guide that explains to all where and how you want the assets distributed when you die. It also names guardians for your offspring. Without making these wishes known and in writing; the cost of will forms and probate can be expensive and in effect depriving your loved ones from attaining your assets and worse- giving you no say whatsoever over who gets your assets.

Trusts aren’t just for the rich. Trusts are the legal means that let you put the who, what, whens, and hows on what happens to your estate and those assets will be assigned and distributed upon your death. More importantly, they also allow the maximum value of the estate to go loved ones while reducing the amount assessed give to state and federal government regarding estate and gift taxes.

Discuss your estate plan and living will with your heirs to ensure no disputes or confusion over your aims and wishes. Inheritance battles can bring out the worst intentions in people and by being concise and specific with your intentions in you living will and last testament; you can help minimize the chances of conflict when you’re gone. Want to know how many cousins you have? Leave a multimillion dollar estate up for grabs when you die.

Federal estate tax exemptions change frequently; the amount you may leave to your heirs tax free of changes regularly. While the estate tax was $3.5 million in 2009, it was phased out entirely in 2010, but only for a year. The victory was short lived though as the tax has not only been reinstated in 2011 but also lowered to $1 million.

While leaving an unlimited amount of money to your spouse is a taxfree option with your living will and testament forms, you will also increase your surviving spouse’s taxable estate. Basically it means your children are far more likely to pay more in estate taxes if the event your spouse leaves them the money when he or she dies. Better to share the wealth equally amongst all loved ones. Trusts are good option in this case.

Createawill.com exists simply for the fact that most people

want to leave some type of legacy for their loved ones after death. This is the deceased’s final act of love to their family members as having those resources and assets to the surviving members of the family can ease their financial burden or simply improving their life. After a lifetime of blood, sweat, and tears it is only natural to want to leave as much of your money,property, and other assets with the people whom you loved and cared for during your lifetime.

But as with all things regulated the process is never clear cut nor simply, the probate process itself can gobble up a good portion of that money through simple fees alone. Think about it- is the last thing that you want for your family when completing your last will and testament to be legally forced to give some of the proceeds to the government with the potential of them being forced to wait for months or years to see any of your assets that you wanted to give them?
Some tips to help detour the nastiness and inherent unfairness of the probate process can be found below and are listed as follows:
Look into the idea of creating a living will and trust as opposed to a simple will. Living trusts distribute your assets and property into an trust that will then be managed and overseen by a trustee with whom you can name or appoint. Why a Trust? It allows your estate to avoid probate entirely since assets and property you owned are now held in trust as opposed to simply being listed in a will. This also avoids all probate costs as there are no court fees or costs occurred that will be taken from the estate.
Another idea is to add your selected beneficiaries to all of your bank accounts, savings accounts, as well as any retirement accounts that may be in your name. NOTE-even if you do elect to create a last will and testament online, your assets do not have to go through the probate process; your retirement and bank account will allow you to name a beneficiary and then it also does not have to be included in full or as part of probate process. We at CreateaWill.com suggest that you should go through your accounts and determine which accounts will allow you to utilize the beneficiary option that in turn can save both time and money for your loved ones. Ensuring that common financial staples like savings accounts, pension plans, life insurance policies, 401(k) plans, IRA accounts, stocks and bonds, and other financial accounts are all wise decisions.
And lastly, ensure that any of your property held is listed and documents as being held with joint tenancy with right of survivorship. Keep in mind this option will only apply in the instances in which you are holding property jointly with a spouse or a significant other. This process thus allows the property to pass automatically to the person designated without the time consumption required of having to enter and go through the probate process.  All of these should be considered when completing a living will and trust.

Its one aspect of life no one wants to think about. While we enjoy the holidays and look forward to the joy we get from seeing our childrens smiling faces; the facts are very few people like or want to think about what would happen to them in the event of you meeting an untimely death. Are you prepared to meet the needs of your children or at least have some type of blue print for them? Taking a bit of time to prepare for their needs should be considered every bit the part of being a good parent as teaching your child to read or ride a bike. Createawill.com can make it easy!
The First basic rule to get started is to create a simple list of relatives and friends with whom you must trust. You have drawn up your list and slimmed down the candidates with whom you must trust and even took the foresight to make your final choice by creating a basic last will and testament that included the wishes with whom you chose to be a legal guardian. That is all and well but consider these additional factors when making your decisions as they are the extra step of insurance making sure your wishes can be granted in a straight forward easy to understand manner and while state have different laws; most can be found easily online as this example of a California last will and testament.

Update Annually. Lets be honest-circumstances change. Whom you felt was the best 2 years ago may no longer be the best choice for you now. Make a note on your calendar to review your will and legal guardian wishes every 2 years. Also consider the age of your children as older children have different needs than younger children. The needs of a teenager will be vastly different then the needs of a child in grade school or younger. For a teen, factoring location is important in that you may feel that keeping your teen in the same location and school district may be more important then the teen to remain with blood relatives. Based on this decision some parents may choose close and trusted family friends over blood relatives. Having a Last will and testament checklist can be a beneficial aide.

Make Provisions to assist those you have chosen to become the Legal Guardian.  Ensure that you have created support tools like life insurance, as well as all trusts and estate planning documents in place. Double check to ensure that they are set up in the manner that allows your legal guardian as many options to control your money as they need to raise your children according to your wishes. Choosing one person to handle finances with another handling guardian duties can be a slippery slope that may compromise both parties to handle those duties impartially. It may sound obvious but do not leave anything to chance.

Expect the Unexpected. If you line in a precarious and volatile family situation this issue is of critical importance in the event of divorce and other family conflicts. Consider the numerous situations and possibilities. Do you fear your ex-spouse could potentially deny your side of the family (your parents and/or siblings) from visiting your children if you die and the ex becomes sole legal guardian? If so, talk to an attorney about your options now. Otherwise, your family could face a lengthy and costly court battle. Createawill.com is your complete online resource for all last will and testament  and estate planning needs.

If you still don’t have a last will at all, beware the risks of not choosing a guardian yourself.

Wrongful death claims can be potential windfalls for revenue and typically when both parents die at the same time, it’s due to some type of tragic and horrific accident. A wrongful death suit could follow, with any resulting payment awarded to the children/child of the deceased. This lawsuit could possibly bring far and above the estate amounts cumulative value. In light of this and the flashing of dollar signs; relatives who otherwise could care less may suddenly change their minds and decide to fight for guardianship. Its not an attractive possibility-but a possibility none the less and one that must be accounted for. A last will and testament and estate plan should take all of these factors into account.

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.