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AFFAIRS IN ORDER
While laws vary from state to state, in general, without a will, a judge in probate court decides where all of your stuff goes and to whom. And despite the relative ease and affordability, over half of all adult Americans still haven’t drafted one.
If you want to protect your loved ones and cover your assets, here are some tips to get you started:
Make it Legal
While laws vary by state, there are a few basic requirements that make up a valid will:
- It must state that it is your will.
- It must be signed and dated by you.
- Two or three witnesses (depending on what state you live in)
- must sign your will.
- You must be of legal age to sign a will.
- You must be “of sound mind.”
- In many states, it cannot be handwritten.
The simplest way to make a will is DIY, or “Draft It Yourself,” using preprinted forms and user-friendly legal software found at most office supply stores. If you’re single or childless and relatively asset-free, this is probably your best option. Nolo offers an online will preparation kit and also developed Quicken’s WillMaker software; both are available for under $100 at nolo.com.
If you own property, a business, or hold significant assets, you may want to hire an attorney familiar with the estate planning laws in your state. The same holds true if you have children or other heirs, as creating trusts and guardianships can require professional expertise. Lawyers’ fees may make this a costlier option, but there is no price tag on peace of mind
Name Your Executor
An executor is the person who makes sure your wishes are carried out as written in your will. You don’t have to select an attorney, but it should be someone you trust to take care of basic legal and financial matters; this can include your spouse, child, friend, or trusted associate.
If your estate is complicated, consider naming an attorney knowledgeable about estate law as your executor.
Finally, no matter who you pick as your executor, make sure that he or she knows how to contact your lawyer.
Decide Who Gets What
You can give away your goods to just about anyone you like, with a few exceptions. In just about every state:
- Your surviving spouse holds at least some claim to a portion of your estate, regardless of what your will says.
- Any property owned as joint tenants with rights of survivorship will go to the other tenant
- Money in pension plans, 401(k) or IRA accounts, or life insurance proceeds goes to the person(s) you named as beneficiaries for those accounts.
- If you have children under the age of 18, you’ll want to name a legal guardian for your them in case you die before they reach adulthood.
- If your estate is sizeable, incorporating a trust into your will may help minimize estate taxes imposed after your death.
- You can revise your will at any time, so long as the general legal requirements are met.
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