August 18, 2020

A will is a written document outlining your wishes for your property and the care of your minor children after you die. You can write a will once you turn 18, and any Will and Trust attorney will advise you to do it sooner rather than later. Writing a will is something every adult needs to do, but many are overwhelmed about how to start. This can be because they are intimidated by the process, don’t want to think of their own mortality, or because they don’t feel they have “enough” property to bother. No matter what your concern, writing a will is important.

What Will Happen if I Don’t Have a Will?

If you die without a will, your property will be distributed by a judge according to the laws of your state. Your estate will be split between surviving relatives, but a judge will determine everything after going through a long probate process. Your minor children, if you have them, will have a guardian appointed by the judge as well.

What are the Requirements for a Valid Will?

There is no particular format required for a valid will, although it must be in writing. You must be of “sound mind”, and you must sign your will in the presence of two adult witnesses who will also sign. As long as you are over 18, you can legally make a will.

Being of “sound mind” simply means that you understand what you own and who you are leaving it to. Intellectually challenged and the elderly can still be considered of sound mind, as long as they understand the process. The witnesses who sign your will are giving their word that they believe you are of sound mind.

How Does My Marriage Status Affect my Will?

You and your spouse should make your will together. If you have a common law marriage, recognized domestic partnership, or are separated from your spouse, you should consult with a will and trust attorney to make sure that you have specified your situation in your will. If you are legally married, even if you are separated, your spouse will inherit everything unless you have each signed an agreement that says you are giving up your right to inherit. Once your marriage is legally dissolved, your former spouse will not automatically inherit from your estate, but if they are named in your will, you will need to update it.

What is the Role of an Executor? Do I Need One?

The executor is the person who will present your will for probate and then see that the wishes you identified in your will are carried out. If you do not name an executor, the court will appoint someone. Your executor does not have any responsibilities until your death. It is a good idea to name your own executor, especially if you know that some will be able to handle the responsibility better than others.

Is a Living Will the Same as a Will? Is a Trust the Same as a Will?

No. A living will is a document that instructs medical professionals about your wishes should you not be able to communicate them. A trust often accompanies a will and can help avoid a long probate process. Speak to a will and trust attorney about what is best for your situation.

Do I Need a Will and Trust Attorney?

You do not need a will and trust attorney to write a valid will. A will can be incredibly simple or very complicated and specific, but as long as it is signed and witnessed, it is valid forever. However, a will and trust attorney is an important part of the complete estate planning process that ensures your affairs are in order and the procedure after your death is as painless as possible for your loved ones.

Writing a will does not need to be as morbid or complicated as many worry it will be. If you are feeling overwhelmed about how to get started, contact my office, and rest more easily knowing that your family will be protected if something happens to you.