Law & Legal & Attorney Wills & trusts

Information on Writing a Will

    Write It Yourself

    • You do not need a lawyer to write your own will, although you might hire one to be on the safe side, as discussed in section 5. You can begin drafting it at home. Just include these basics: A declaration, with your full name and a statement claiming the document as your last will and testament; an executor for your estate; a guardian for any children younger than 18; any beneficiaries; your assets and who will inherit those assets; any funeral arrangements you desire; your signature; and witnesses' signatures.

    Executor

    • The executor(s) whom you name has the responsibility to carry out the details listed in your will. The executor(s) may need to work with other people you have hired. For example, if you've hired a trustee to handle your left-behind money, the executor(s) and trustee work together. If you do not appoint an executor, the state handles it for you. An executor does not have to be a paid professional, but can be a family member if you choose.

    Assets

    • The Assets section includes anything you own. You must list certain assets in the will. This includes objects such as vehicles, household items and the property you own. Other assets are not part of the will. For example, since most bank accounts and life insurance policies require you to fill out a form establishing a beneficiary when you open the account, they do not need to be part of the will. But according to FreeLegalDocuments.com, any policies without a beneficiary become a part of the estate. When this happens, it could incur fees from a hired executor.

    Beneficiaries

    • The beneficiaries section includes your spouse (or significant other) and children. Dictate in this section who gets your assets. Generally, this person is your spouse. If your spouse passes before you, then you can name children and grandchildren. If your spouse lives on after you, but you want to disinherit her, you can try to do this. According to FreeLegalDocuments.com, however, your spouse can contest this in court after you pass. The courts could overrule your written will.

    Hire a Lawyer

    • Even though the law doesn't require a lawyer when you write your last will and testament, you should still hire one. The law contains many small details easily overlooked by an nonprofessional. For example, you'll need a specific number of witness signatures, depending upon your state. Although writing a will without a lawyer might seem like a cost-saving measure initially, if you make any mistakes it could turn out to cost you even more than the price of a lawyer.



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