What is a Will ?
A
will is a legal document, and to be valid, it usually must be signed
in front of two witnesses and be notarized.
A will expresses
your wishes as to how you want your assets distributed after your
death. A will can allow you to choose a guardian for minor children
and an executor to distribute your assets to hose named in the will.
Everyone
needs a will. Do I need to say more? We are all going to die; we
just don't know when, so you need to prepare as if you were going to
die tomorrow. Not a pleasant thought!
A
will allows you to rule from the grave.
You can't take it with you, but you can decide where it goes. A will
is simply a document that expresses your wishes as to how you want
your assets distributed after your death. In addition to
distributing your estate according to your wishes, a will can do
many other things. A will can allow you to choose a guardian for
minor children and an executor (executrix if it is a woman) to
distribute your assets to hose named in the will.
If
you do not have a will when you die, you are "intestate." The state
where you reside will distribute your assets according to state law.
If there are minor children involved, the state will decide who will
become their legal guardian. The legal lines of succession vary from
state sot state. Your assets will go to your next of kin in
proportions and in sequences mandated by state law.
If
you own anything jointly with fight of survivorship, that asset will
automatically pas to the joint owner. If you have named a
beneficiary on your IRA, (k) plan, pension plan, or life insurance
policy, the money will pass automatically to the named beneficiary.
There
are some states where you cannot disinherit a spouse or child. Some
states allow a spouse to take more than was allotted in the will.
For most states, you can disinherit anyone but your spouse.
A
will is a legal document, and to be valid, it usually must be signed
in front of two witnesses and be notarized. Additionally, you should
initial each page. You can change a will either by executing a new
will or by adding a codicil. A codicil is just an amendment to the
original will. The codicil must be witnessed a notarized.
There
is lots of do-it-yourself estate planning out there. You can use
this information to learn about estate planning, but my preference
is for you to interact wit an attorney because it is too easy to
have some small detail mess up the do-it-yourself estate plan. I
know some of you would rather have a tooth pulled than go to an
attorney, but go!
Because
situations change throughout your life, you should be sure to review
your will periodically:
-
Every five years at a minimum
-
When
there are major life changes caused by a marriage,
divorce, birth, death, or disability
-
When
the needs or circumstances of your beneficiaries
change
-
When
the size of your estate increases
-
When
you move or retire to a different state
-
When
the estate tax laws change
Make
on mistake, even a small one, and it could possibly mess up the very
lives of the people you are trying to protect.