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.

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.

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.