Rowe & Walton PC

Wills 101

Wills 101

A will is a legal document that outlines your wishes dividing the property and possessions distributed after your death. It also names an executor responsible for carrying out your wishes. You can revoke or change your will at any time.

You should update your will if you experience significant life changes, such as having children, getting married, or buying a new home. You should also review it every few years to ensure it reflects your wishes.

Creating a will is the best way to ensure that your possessions are distributed according to your wishes. It can also help reduce stress for your loved ones after you’re gone. If you don’t have a will, state laws will determine how your property is divided, which may not align with your wishes.

If you’re thinking about creating a will, there are a few things to remember. First, you’ll need to decide what kind of will you want. There are two main types: testamentary and living. A testamentary will is only executed after your death, while a living will takes effect immediately.

Living Will

A living will is an advance directive that documents your wishes for end-of-life medical care if you cannot communicate your decisions yourself. This can be an important tool to ensure that your wishes are carried out and provide peace of mind.

There are a few things to remember when drafting a living will. First, you’ll need to designate a healthcare proxy, who will be responsible for making decisions on your behalf if you cannot do so yourself. It’s important to choose someone you trust implicitly and who knows your wishes well.

Next, you’ll need to document your wishes for end-of-life care. This can include whether you want to receive life-sustaining treatment, what kind of pain management you prefer, and your thoughts on organ donation. Again, it’s important to be as specific as possible so that everything is clear about your wishes.

Finally, you’ll need to ensure your living will is legally binding. This typically means having it witnessed or notarized by a third party. Once it’s complete, give copies to your healthcare proxy, doctor, and other loved ones who might need them.

Testamentary Will

A testamentary will is a legal document outlining how a person’s assets will be distributed after death. The will must be in writing and signed by the testator (the person making the will) to be valid.

A testamentary will can include any instructions the testator wishes to leave regarding their assets, including who should receive what and under what conditions. For example, a testator may stipulate that their home be sold and the proceeds divided among their children.

It is important to note that a testamentary will only come into effect after the testator’s death. This means that the testator can change or revoke their will at any time before their death.

Next, you’ll need to choose an executor. This person will be responsible for carrying out your wishes and ensuring that your property is distributed accordingly. Choosing someone you trust who has the time and ability to handle this responsibility is important.

Finally, you’ll need to gather your assets and list them in your will. This includes everything from your bank accounts and investment portfolios to your personal belongings and real estate holdings. If you have any debts, you’ll also need to include them in your will so they can be paid off after your death.

Creating a will is an important step in planning for your future. It ensures that your wishes are carried out and that your loved ones are taken care of. With some planning and help from our team, you can create a plan for after you’re gone. Contact us today for any will-related questions.

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