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.

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.

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.