We at Createmywill.com hear it all the time. The stories about people who put off the process of writing a last will and testament. Some think its too expensive while others think it takes too much time. We even heard stories about people assuming all of their worldly possessions will simply be transferred to their spouses and children like a relay race runner passing the baton to a a teammate. This one always baffles me as when has the law ever made anything simpler or more affordable…let alone the fact when one tries to create a will its largely for reasons of taxation?
But you do not need to have Bill Gates type money nor Stephen Hawking’s intellect to get started on writing your last will and testament. Writing a will is actually very easy to do and with streamlined services offered up by the fine folks at createmywill.com to download will forms online there is now an easy way to start on the process of creating your will while minimizing the pain commonly associated with the process thereof. Writing a will is important for a myriad of reasons of which we will take some time to discuss below.
Writing a will can ensure that your assets and property will be distributed out as you see fit.
If you are with a will do not assume that your assets and property will be be guaranteed to pass to your spouse and children! The law will first try to determine the exact amount of your estate and assets. Creating a living will is the only way to promise that your instructions will be followed through upon your death.
Writing a last will and testament can ensure that you can personally appoint and designate powers for an Executor of your estate. This process allows you to decide who will act as overseer to distribute your estate assets as part of your overall estate plan. Why is this important? How would you like it if a person with whom you never agreed with and disliked somehow managed to be the judge and jury of your estate?
If you want to have the final say on who will appoint a guardian for your minor children writing a last will and testament can make those wishes known . A Last Will and Testament serves as the legally binding documentation that clearly dictates with whom will care for your minor children in the event of untimely death. Certainly the least appealing of all reasons to create a will but by that same token arguably the most important.
Specifying your funeral wishes. Imagine that you always wanted our funeral to be a celebration of life as opposed to the solemn and traditional roman catholic variety. Imagine you wanted to be buried at sea or have your ashes sprinkled over your favorite hiking spot. No matter what nor how elaborate your final wishes, stating these wishes in your last will and testament form not only solidifies your funeral plans but also eases the burden of having your loved ones in their time of grief from having to make these decisions.
Reduce Legal Costs and Getting things done quickly. Having a last will and testament often means the transference of your property and assets faster and cheaper. A clear cut, easy to read, concise will reduces the possibilities that you may incur additional costs via legal fees thus giving a bigger portion of your assets to your benefactors.

Anyone of legal age and sound mind can make a Will.

If you have property that you wish to distribute at the time of your death, you should have a Will; and good fortune has it that Createawill.com can make getting started as easy as a click of a button away.

When you make out your Will, you’ll need to designate beneficiaries and an executor. The beneficiaries are the people or organizations who receive your property. The executor is the one you designate to see that your wishes are carried out. All of these decisions need to be made when creating a last will and testament.

If you have minor children, you should also nominate a guardian to provide for the physical welfare of your children.

In most states, a minor becomes an adult at the age of 18. Once he or she reaches that legal age, certain rights and privileges are granted. This is true for most states when it comes to making a Will. Forty-seven states currently require the Will maker to be at least 18 years of age. South Dakota is the only state that requires the Will maker to be older than 18. Louisiana sets the minimum age at 16, while in Georgia; you can make a Will as early as 14 years of age. Several states may allow for those younger than 18 years of age to write a Will if they are married, economically independent, or a member of the military.

Division of Property

The main purpose of a Will is to make provisions for the division of your property after your death. In general, you can designate anyone you wish to be your beneficiaries and you can distribute your assets in any fashion, but there are a few exceptions. Many states have provisions that provide the surviving spouse with the ability to elect to take a defined portion of the estate regardless of the provisions in the Will.

Leaving Property to Spouses

Most of the time, spouses are the major beneficiary in a  Will. Even so, there are laws in all states that protect the surviving spouse from being disinherited. Some allow the spouse to take an elective share of the estate, usually one-half or one-third, regardless of the provisions in the Will. One method to disinherit a spouse may be through the use of a premarital agreement, but the courts are apt to closely scrutinize such agreements to make sure that the agreement was signed in good faith and with full disclosure of assets.

It’s possible to put limitations on the property that you leave to a spouse through the establishment of living trusts for the benefit of your spouse that come into existence after you die. You should consider the following factors in deciding what kind of trust is best for your circumstances:

• the possibility that your spouse’s needs may increase in the future
• the manner of living to which your spouse is accustomed
• the ability of your spouse to provide for his or her own needs
• the ability of your spouse to manage the trust assets
• the possibility that your spouse may remarry and the affect the marriage may have on your children or other beneficiaries.

Providing for Minor Children

Many times a spouse is given the entire estate with the expectation that he or she will provide for minor children. That expectation is not always sound however, especially when the surviving spouse is not the parent of the children, or if the spouse is not available to care for the children at the time of your death.

One of the most common practices under these circumstances is the establishment in the Will of a minor children’s trust. The trust provides financial support for the children until they become adults, at which time the remaining assets of the trust are distributed to them. It is important to carefully select the trustee, who will manage the trust and make the distributions to your children. The trustee will work closely with the person you’ve named as guardian to raise your children. In many cases, the trustee and the guardian are the same person.

Leaving Property to Adult Children

It’s common for adult children to receive a significant portion of their parent’s property. On the other hand, in every state except Louisiana, it is legally permissible to disinherit a child, regardless of his or her needs or age. Louisiana law provides that no child under the age of 23 at the time of the parent’s death can be disinherited.

Leaving Property to Grandchildren

Grandparents often leave portions of their estates to their grandchildren to help pay for special needs or educational expenses. Grandparents may also leave property to grandchildren because their parents already have sufficient assets.

Written Requirements

Most Wills are documented with the written word. These are usually formatted with typewriters or word processors. If properly signed and witnessed according to the requirements of the state where signed, these are legally valid in all states. However, there are other types of Wills.

Some states recognize Holographic Wills. These are handwritten, unwitnessed Wills, signed only by the Will maker. A few states still recognize Oral Wills, under certain conditions. Others offer a standard Will form, where you just fill in the blanks.

A relatively new type of Will is the Video Will, where the Will maker usually reads his or her Will out loud before a video camera. Videotaping a Will can help avoid a Will contest by showing that the Will maker was competent and following proper signing formalities. Keep in mind that many states will not recognize a video Wills as a substitute for a written Will; the Will maker should do both.

Signing Requirements

In order to make your Estate Plan or Living Will valid, you must sign the document in the presence of at least two witnesses. They, in turn, must sign it as well, in your presence and in the presence of each other. At the time of the signing, most state require that you be mentally competent and at least 18 years of age.

Witnesses

Witnesses are very important to the validity of a Will. The signature of at least two witnesses is required in order to affirm that you were mentally competent and under no duress at the time you executed the Will. Each witness must understand that they are witnessing a the signing of a Living Will and they must be competent to testify in court. Witnesses should sign in the presence of each other.

In many states, a witness cannot be a beneficiary of the estate. States have adopted these laws to prevent any conflict of interest from those who may be in line for gifts, or who may benefit from your death. Some states will allow for a beneficiary to act as a witness, but in doing so, that witness may lose some or all of the property that he or she would have to inherited.

Now that the holiday season is over and the travels plans, the buying of gifts ,and the visiting family members are back home and especially in light of the new year it is a good time to discuss long term planning in the event of ones death and a living will online can help you do just that. It can be a tense, stressful thing to talk but by that same token rewarding in that it not only brings piece of mind but rekindles the warm and happy memories and sentiments those older individuals who have watched their families grow over the passage of years.

Although it is not the easiest subject to talk about, the new year can also be used as a opportune time to discuss the long-term plans in the event of a loved one’s death. Estate planning via a downloadable last will and testament form means that there are a number of legal tasks ahead that those aging individuals can complete and submit to provide the knowledge and security to their families in the event of death.

Drafting a will is the best way to get started and something that even the parents of young children should consider as it is certainly something they can benefit from. A california printable last will and testament simply provides the ground rules that clearly spells out the division of assets among your family members and friends, but it also can also be used as an important tool to designate who are you candidates whom will care for your children in the event of your death. Not something most want to think about but arguably one of the most decisions a young couple can make.

Do not overlook the value of a simple life insurance policy as well- it can be beneficial, especially if you take care of dependents who need and require extra funds in their day to day lives. Think of the elderly or disabled or perhaps those with mental impairment. As you compose your living will form, make the effort to purchase a small amount of life insurance and make those other important designations with various legal forms, such as power of attorney,as it will be of crucial importance to update beneficiaries options as well regardless whether it’s assets or responsibilities or some combination thereof.

And finally it must be said that a will or power of attorney is useless if no one has any record of them nor know the location or the information contained therein. Therefore, keep all documents and copies in an easy to find location as well as notifying your spouse and other close family members as to where the location of these documents are. Once again, notify several parties about the location of your downloadable last will and testament form in no unsure or uncertain terms. A legal Last Will and Testament will save all of your loved ones a mountain of headaches; not to mention a mountain of your hard earned assets that you’ve worked a lifetime to achieve.

One of the question we are most frequently asked is that of what is the difference between a living wills and versus that of a last will and testament? First, we must understand that a last will and testament is  very different from a living will. Downloadable living wills are used in preparation in the event of a severe medical tragedy or emergency. If a person needs extreme medical care to the point that they are incapacitated and living only to the presence of life via medical equipment and technology, more often then not that person is unable to make decisions regarding health care issues or other medical treatment.

A person suffers a stroke, or involved in a car accident, and is left in a coma or in a vegetative state, and the preserving life is maintained only through life support; families often have to struggle with the decisions as to whether or not to continue medical treatment or finally decide to pull the plug. Unfortunately there are times that the family’s decisions are different from what the wishes of the patient requests. This is exactly the case when a do it yourself living will forms can come in handy. In living wills-a person specifies and requests what route they want to take should an event arise such as described above. Once again its very clear- last will and testament are very different from living wills.

While living wills deal with issues that happen to a person before legal death; last will and testaments deal with a person’s desires after death. Last will and testament forms are important for everybody; but especially to those with families. If god forbid you and the significant other were both in an untimely death-what would become of your kids? Who would you want to take custody? As unbelievable as it sounds there are situations where custody of the children may not be quite as obvious as you think-and in the case of untimely death you won’t be around to argue the point.

Other items to consider regarding a last will and testament is take make your final wishes and grant who will get what percentage of any money and property left behind. Sadly the need to give everything to your spouse may not quite as beneficial as utilizing trusts and other financial options to offset legal issues regarding estate taxation.

Think of living wills and downloadable last will and testaments as a type of before and after death with the living part clearly referring to the fact you are breathing but incapacitated while a Last Will means there are no option and you have gone to the great beyond. Living versus Last. Two Key Words in 2 Very important documents for you and your family.

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.

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.