LAST WILL & TESTAMENT - SIMPLE
Information & Benefits:
The following information and benefits is what distinguishes us from other online providers.
Summary
Despite what many people think - everybody should have a Will. Even if you don't have any assets, you may be waiving important rights that would otherwise survive your death if you had a Will. For example, if you are killed because of the negligence of another, the estate created for you following your death may have a claim against the person(s) that caused your death, and a Will allows you to nominate someone to assert the claim on your behalf. In creating any Will, you should attempt to pass your property according to your wishes, reduce or eliminate the need for probating your estate (including certain expenses, taxes, court interference and wasted time during the transfer of the property), and reduce or eliminate the possibility of others interfering with your decisions.
Debt Clause
Debts, funeral expenses, taxes and the cost of administration of estate paid as soon as practicable after death.
Personal Representative Clause
You should name here who will be in charge of managing and distributing your estate after your death. You should also name an alternate in case your first choice cannot serve in such capacity.
Principal Heirs Clauses
This is where bequests of real and personal property are discussed and described.
Guardianship Clauses
If you have minor children, you will definitely want to indicate here exactly who you want to take care of them. If you don't make it clear, the state could determine who gets custody of your children.
Testamentary Trust Provisions for Children
If you die while your children are still minors, you may want to create a trust for the benefit of your children. This can usually be accomplished within the language of the will without the need for separate trust documents.
Pour-Over Clause
A will may also include a "Pour-Over" Clause if being used in conjunction with a Living Trust. Upon death, any assets not already deposited into the Trust during the Testator's lifetime, are "poured into" the Trust upon death.
Self Proving Affidavits
Many states have laws related to the evidentiary strength of a will. Therefore, these procedures for creating and witnessing, if implemented properly, can dramatically diminish the possibility of your will being successfully challenged by others after your death.
Special Directives Clauses
Do you want to be buried next to your wife or in the family cemetery? Do you want to be cremated? What will happen to you cat, Socks? All of these questions can be addressed in Special Directives Clauses.
Requirements
Generally, you will need the following information from Testator to form a binding Last Will and Testament:
- Name of Testator
- Residence
- The testator must sign the will at the end; or
- The testator's name must be subscribed at the end of the will by some other persons in the testator's presence and by the testator's direction.
- The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.
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