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.

Taking the time to write a will now is one of the most important things you can do to not only protect your assets but to protect your children.

Losing a parent at any age is difficult, and making sure your child is cared for financially, emotionally, and physically will alleviate anxiety for both you and your spouse. You can prevent undue stress for your child and extended family should an urgent matter happen.

Selecting a Guardian, Trustee, and Executor

The first thing you’ll need to think about is a guardian for your child. For many families, this can be as simple as choosing the baby’s godparents or grandparents. Remember that the person or couple that you pick will be taking on the lifelong commitment of caring for your child. Here are a few questions when choosing a guardian:

• Do you have confidence in the individual(s)?
• Is your choice able to handle the physical requirements of being a guardian/parent?
• Does he/she have the time?
• If he/she has a family, are their kids close to the age of your child?
• Can you provide enough money to raise the child and if not, can your prospective guardian cover the costs?
• After you’ve made the decision, choose an alternate guardian to include in your will. He or she will take care of your child in the event that your primary choice is unable to do the job.

When first beginning a will, you should be on the people chosen as guardian(s) and/or trustee(s), not only in terms of parenting skills, but also managing money. These two roles can be separated.”

Many parents follow this route and select one person to care for their child (a guardian) and another to watch the accounting (a trustee). This is a wise choice for any family. “Thought should be given to writing guidelines for the guardian(s) and/or trustee(s) to follow, so they can make the same kinds of decisions that the parents would make.

After picking a guardian and trustee, you’ll need to name an executor: someone to carry out your will and complete the necessary paperwork after your death. For your estate to transfer successfully, these three people will need to work together. Think about how your choices for guardian, trustee, and executor will interact in your absence. To help things move smoothly, you may consider including a letter with your will specifying how you’d like your child raised and educated, how you want your funeral to be presented, and so on. Remember, a will isn’t just for stating who should get your assets or care for your children. There are many other things a will can be used for, such as making contributions to charity or donating organs, as well as specifying funeral arrangements. You can also choose your preferences for life support by creating a separate form called a living will.

If you have taken into consideration of making a will, you can simply go to www.createawill.com and begin creating your specific state will today.