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.

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.

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.