Friday, April 23, 2010

Creating a Will

None of us like to think about morbid things like needing a will, but it is a necessity to be prepared. Wills can speed up the process of distributing your assets and will make sure that they are given to whom you want them to be given to. Also, a will is even more important if you have children under the age of 18 who will need a guardian to care for them. Wouldn’t you rather be the one to choose who will raise your children if it can’t be you?

Creating a will involves choosing who will receive your assets – your beneficiaries, who will allocate your assets and follow through with your wishes – the executor, and who will be the guardians of your children in the event of your death. You will also need to have two witnesses (not beneficiaries of your will) available as you sign your will and it is highly recommended to have your will notarized. Each spouse will need to create their own will. Make sure that when you have completed your will, you let your family and your executor know about your will. Put it in a safe, accessible place and have a couple of copies available. We have a copy filed at home, one with our executor and one with my parents in another state.

Wills don’t have to be complicated or expensive. There are many options available to you. However, most of these options are for the most common situations. If you have a complicated estate or very specific requests or needs, consulting a lawyer may be your only option. As far as getting your will notarized, contact your bank or credit union. Sometimes the use of a notary is free of charge to members. There are many online sites available where you can enter your information and they will either mail or email it to you (some require a fee). Be sure to verify the site before giving out your personal information online. There are also sites that have forms that you can copy, paste and print your own. The free forms are very basic in nature, but are better than nothing. Or there are downloadable computer programs that you can purchase and use to create your will. The library also has computer programs that you can check out and create your will for free at home. The computer programs are most likely to give you more options than simple forms or free online sites.

Many of these programs also help you create a living will or advance health care directive. Living wills and advance health care directives allow you to specify what medical care and life saving or prolonging measures you want to have in the case that your condition makes it unable for you to make those decisions yourself. You can also assign a health care proxy to allow someone you trust to make those decisions for you. In any instance, it is wise to create some type of living will to spare your family and loved ones from making those decisions and dealing with the legal issues related to those decisions.


Disclaimer: We are not endorsing any of the following listed programs or sites; they are just a sample of what is available both online and at the county library.

Information about wills and living wills:
Steven J. Dixon, “Planning Ahead: The Importance of Wills and Trusts,” Ensign, Jun 1983, 28
http://www.usnews.com/money/retirement/articles/2007/11/12/how-to-write-a-will-online.html
http://en.wikipedia.org/wiki/Advance_health_care_directive

Free legal forms: http://www.free-legal-document.com/
Free online sites: http://www.doyourownwill.com/ & http://www.rocketlawyer.com/
Free computer programs from the library: Family Lawyer and Quicken WillMaker

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