Everybody knows that they need to write a Will, but the stats show that only about a third of adults in the US have managed to get it done. Some say it’s the cost that puts people off, others say that it’s finding the time to make an appointment. In our experience of fielding calls through our customer service center, the real issue is that most people have no idea where to start. A very common call we receive is “I know I need to write a Will, what do I do?”. Here we have ten steps to go through to prepare your Will.
1. Choose your approach
You can take one of three approached to write a Will. The cheapest is to use a blank sheet of paper, or a blank form kit, and fill in the blanks explaining what you want to happen to your things after you have died. Continue reading
I actually think it’s a good idea to have a living will. I’d encourage everybody to get one. I have one; Michelle has one. And we hope we don’t have to use it for a long time, but I think it’s something that is sensible. – Barack Obama, 2009
One of the most confusing services that we offer at USLegalWills.com should be the simplest. But in the US there are countless terms being used for very similar things, and we will try to decipher these terms in this article on the Living Will. Terminology does change though, so it is possible that this article can become out of date. Please fee free to add corrections or updates in the comments below.
The Living Will
A living will is a written, legal document that spells out medical treatments you would and would not want to be used to keep you alive, as well as other decisions such as pain management or organ donation.
A Living Will is much more than Continue reading
We are seeing an increasing number of articles about “online Wills” but the definition seems to be vague. Let us explore what exactly is meant by an “online Will”.
What is a Last Will and Testament
There are clear laws as to what constitutes a legal Last Will and Testament and these laws are quite consistent across all jurisdictions. To be a legal Will, the document must be written or typed on a piece of paper, and usually it must be signed in the presence of two independent witnesses who have nothing to gain from the contents of the Will. We say “usually” because in some jurisdictions they accept a “holographic Will” which is entirely written in your own handwriting, and does not require the two witnesses.
There is one other exception; Continue reading
You probably know that your Last Will and Testament is a description of how your estate will be distributed after you have passed away. It gives you an opportunity to recognize the people and organizations that have had an impact on your life and insures that your assets are distributed according to your wishes. But beyond the distribution of your assets, this article will highlight four key appointments that are made in your Will.
Your Executor (or Personal Representative)
This person has the responsibility to carry out the instructions in the Will and without a Will the Executor will be appointed by the courts. It’s a difficult appointment to make because you need to find somebody with the organizational skills to collect your assets, file your taxes and provide reports to the beneficiaries.
The Executor has to of course be trustworthy, Continue reading