These are general guidelines and
tips on making a will, they are not intended as legal advice. See an
attorney about specific issues when making a will in your own state.
* If you are over the age of 18 and
own real estate or more than a trivial amount of stocks, bonds, certificates
of deposit, savings or checking accounts, or other assets it's a good
idea to have a will.
* In most state to be legal a Will
has to state that it is your "Will," (you must be of sound
mind and unless challenged in court it will be assumed that you are),
be dated, signed, and have two (in some states three) witnessess sign
the Will to verify it is your Will. The two witnesses should not be
receiving anything in the Will. It should name an executor. While it
doesn't have to be notorized to be legal being notorized can help maintain
its legal standing in court. Note: If you don't have your Will notorized, even though it is still legal, in a number of states it will be necessary to find your witnesses to get them to sign a document swearing that they did in fact act as your witness. Your estate will not be settled until this matter is resolved. If you do have it notorized this step and delay can be avoided in settling your estate.
* State laws protect surviving spouses
from being left with nothing. Laws can vary, but if you are not planning
on leaving at least half your estate to your spouse don't use one of
the simple Wills done by the legal or "Will-making" software
packages--consult a lawyer on preparing it.
* In most cases if you state your
desire to disinherit a child it is legal to do so. Problems ususally
arise when it is unclear what intentions are for example in the case
of a child born after the will was written. If children are getting
equal shares then your still in simple Will territory and can use the
Will making software; however, if you wish to disinherit a child it
is best to consult a lawyer.
* A will doesn't need to be recorded
or filed with any government agency--but can be in a some states. It
needs to be kept in safe place, accessible to the executor.
* Fill-in-the-blank will forms (found
in office supply stores) are commonly available as is "Will making
software" and are legal for Will making purposes. For an ordinary
Will with nothing in dispute they are fine--if you anticipate anyone
contesting your Will or it makes unsual provisions then consult with
a lawyer.
* If you don't make a Will then state
law will decide who gets your property, raises your minor children,
and name an executor.
* A simple Will is usually sufficent
for young to middle age adults (or at least anyone under age 50) in
good health who don't have a lot of assets, don't expect anyone to contest
their Will, and don't expect to owe taxes at the time of their death.
* If you are unsure about anyone
contesting your Will such as a current or former spouse, children, other
family members, expect to owe taxes, have a large amount of assets,
have disabled family members to care for, have any unusual requests
then you should consult a lawyer.
* Wills are not read for days or
weeks after death so don't leave funeral instructions in them--make
a seperate set of instructions that your family knows about for funeral
instructions.
