What’s a Will?
Most adults own something. Whether that’s a house, a vehicle, valuable pieces of jewelry, or pets. If you don’t want the state to decide where your assets go when you die or, more importantly, who will be in charge of your children and funds owed to them, then writing a will should be high on your to-do list.
What is a will?
A will is the most basic, yet most critical, estate planning document.
After you die, what happens to your property? Children? Pets? In a will, you state your wishes.
A will lets you:
Provide a plan for how you want your assets and property distributed.
Nominate a guardian to care for your minor dependent children (if there is no surviving parent).
Leave specific assets to specific individuals.
Leave money to charity.
Provide income for the care of a loved one with special needs or a disability.
Provide a plan for your pets.
Minimize or avoid estate charges.
Describe how you wish estate settlement costs are to be paid so they are not charged against particular heirs or beneficiaries.
In the will, you nominate someone to carry out your wishes. This is the executor. Be sure to talk to this person before drawing up your will. The executor should be an individual or corporate fiduciary who you trust and who is competent to perform the required duties.
An executor is charged with the following duties:
Gathering the assets of the estate
Probating the will
Filing tax returns
Paying taxes and other debts of the estate
Providing support for the beneficiaries
Settling the deceased’s business interests
Collecting benefits and income due to the estate
Filing an accounting with the probate court
Distributing property to intended beneficiaries
Closing the estate
A will does not become legally enforceable until you, the creator, dies.
» Learn more: Do I Need a Will?
How do I create a will?
If you have a simple estate, creating a will can also be quite simple. You don’t need an attorney either.
There are many online services that allow you to create a will for free for a small fee. You could also download a free template, fill it out, print it, and sign it.
Most states require two witnesses to be present when you sign the will. If your heirs and beneficiaries later contest the will in court, one or both of these witnesses may be called to describe your state of mind during the will’s execution.
If you have a complex estate or own a business, it’s advisable to hire an attorney to help you create a will. An attorney’s knowledge and expertise can ensure the will is valid, meets specific state requirements, and clearly expresses your wishes.
There are a few things to know before you start:
Be sure you use your full name even if you are known by a nickname. Your nickname can be in parentheses.
When you decide who you would like to be your will’s executor, talk to them about it first.
Think of at least one alternate executor in case your primary is unable or unwilling to serve at the time of your death.
Put together a list of your assets that you want noted in the will.
Decide if there are specific assets you want to leave to specific beneficiaries.
Put together a list of the names of your beneficiaries and your relationships to them. Decide to whom assets pass to if a beneficiary dies before you.
When preparing to create a will it’s important to know that:
In most states, you must be at least 18 years old.
It must be written in sound judgment and mental capacity.
The document needs to clearly state that it is in fact your will.
Keep your will in a safe place and make sure a beneficiary or the chosen executor knows the location and how to access it.
Why do I need a will?
Dying without a will is called dying intestate. The court then decides what to do with your property.
This process takes a long time and can get expensive very quickly. Expenses can include court costs, attorneys’ fees, appraisal fees, and administrative costs. These costs will reduce the value of your estate and what your heirs ultimately receive.
In addition to paying fees your and your heirs likely didn’t intend to, intestate can cause a number of other problems. This leads to a number of reasons why you want to have a will.
7 Reasons Why You Want a Will
1. Because you don’t want the state deciding where your assets go.
There are variations among states as to how courts distribute an intestate’s property. Below are typical examples of how a state’s intestacy laws will divide estates.
If you leave behind a spouse and children, your spouse generally receives ⅓ to ½ of the estate. The remaining amount is then divided equally among the children.
If you leave behind a spouse and no children, but living parents, then the parents generally share the estate with your spouse.
If you leave behind no surviving spouse but living children, the children usually inherit equal shares of the estate.
If you leave behind no heirs, your estate may be handed over to the state.
Whatever your situation, the state will decide what happens. And this process (called probate) can take a very long time. If this idea doesn’t sound all too appealing, then writing a will is for you.
2. Because you don’t want the state deciding who raises your children.
In your will you can designate a person (guardian) to care for your children if you die before they become legal adults. You can also designate a property guardian or trustee to manage your money for your children until they reach adulthood.
You can appoint one person to act as both personal and property guardian, or choose two people to carry out the separate roles.
If you and your partner both die without a will, the state courts and social services appoint someone to raise your children. This may not be the person you had in mind.
3. Because you don’t want stress in the family.
Writing a will also ensures no tension occurs within your family after you are gone. Without a will, you may have relatives arguing over your possessions and everyone may want input on what should happen to your assets.
Sure, the state can be to blame if Aunt Beatrice doesn’t get that antique tea set she loved, but what happens when she asks for it and Aunt Lucy also says she wants it? Drawing up a will ahead of time will lower the chance of strife between family members.
4. Because you are part of a blended family.
Blended families can benefit greatly from a will.
For example, Daniel is married but brought two children into the marriage from a former relationship. He can dictate in his will that he would like half of his assets to go to his former partner, who has equal custody of their children, and the rest to his spouse.
5. Because you are unmarried, but live with your partner.
Unmarried couples also need a will. The state will only recognize relatives, so if one partner dies, none of their possessions will go to their surviving partner.
This could be devastating emotionally and financially.
Let’s say the deceased partner owned the home they were both living in and the surviving partner was simply paying a monthly (non-contractual) rent. The surviving partner has no say in what happens to the house he/she is currently living in. With a will, the homeowner can state the house is to be left to the partner versus it automatically going to his/her parents.
6. Because you love your pets.
And what about Fido?
For example, Jane is a single woman with no children but has a dog she loves more than anything. Are her parents equipped and capable of taking care of Fido if something suddenly happened to Jane, or would the best friend who pet sits during vacations be the best person? This is something you can dictate in your will.
7. Because you want to contribute to a charity.
Many people will state that they would like a portion of their assets to go to a favorite charity organization in their will. It’s an easy way to contribute to a good cause.
» Learn more: Using Life Insurance to Help Your Favorite Charity
End-of-Life Requests in a Will
In addition to naming asset distributions, a will can also be used to donate your organs, specify funeral arrangements, and state preferences about life support by creating a living will.
It’s advisable to talk with your loved ones about these requests ahead of time as well, just in case your will isn’t discovered until after your funeral, which can happen.
