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Will Drafting 101

| Dec 30, 2014 | Uncategorized |

No one really wants to do it. I mean, it makes one face the realities of one’s own mortality. For many people writing a will can be a daunting task.

Along with avoiding eye contact with death, it can be difficult to decide what to do with your assets after you pass away. However, once things are broken down, writing a will does not have to be too difficult.

A will is final say in what happens to your property. If your will is properly drafted, then whatever you say about the disposition of your assets will be given legal effect.

However, if your will is not properly drafted, then your wishes might go unheeded. You do not get any mulligans either.

The key, of course, is drafting your will properly, which for many people is a difficult task.

ABC News offered some advice in a recent article titled 5 Tips for Writing Your Will.”

Their tips include:

  • Understand the Process – You need to understand the basic laws in your state that determine whether your will is valid. This requires knowledge of how many people need to witness you sign the will and whether signatures need to be notarized.
  • Work with a Lawyer – Once you understand the process, you might think it is easy to write a will on your own. However, it is unlikely that you know the correct legal language that needs to be used. For this reason, you should hire a lawyer who does.
  • Choose Executors and Witnesses Carefully – You need to make sure that you have trustworthy and reliable people to execute your wishes.
  • Include the Small Stuff – Even if you think something is too small to put in a will, include it anyway.
  • Tell Someone Where Your Will Is – If no one can find your will after you pass away, it will not be heeded.

When you are ready to draft your will, perhaps as one of your resolutions for the New Year, be sure to engage the services of an experienced estate planning attorney. This is not a DIY project.