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If you’ve ever had a death in your immediate family (very suddenly) and had to hire a wrongful death attorney for the awful circumstances, then you might have an idea how suddenly we go pass on and how it can sometimes never be expected.
No one wants to worry about their death, and they shouldn’t; life is for enjoying the journey, not the finish. Writing a will is a completely separate matter, and it’s not meant to serve as a constant reminder that you’re going to die. Rather, it’s something that a person decides to put in place for the sake of their children or grandchildren. In the end, it’s about your loved ones, not about your own mortality. Here’s how to create a will.
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How to Create a Will
Create the main document.
Starting with the title “Final Will and Testimony,” you can then include your full address and legal name. Next, in the declaration paragraph, say that you are of sound mind and age to produce this document. This is a requirement for legal documents. Then, further add to it that this will be your last will and any other wills that you have previously created are null and void, and be sure to state that you are not creating this will under any kind of coercion. We understand that this is a time-consuming process because you need to recall a lot of details while writing your will. If drafting a will isn’t your cup of tea, you always have the option of using an online will. In this case, all you have to do is fill in your personal information. Easy, right?
Appoint an executor
Essentially, the executor is a private agent tasked with distributing and overseeing the assets of the deceased person’s estate. Generally, the individual creating a will will choose a family member or close friend as executor, with the knowledge of their financial advisor or attorney, in order to avoid future complications. The idea of using a family member or a friend as an agent is a fantastic one, but only if they are dependable, trustworthy, and honest.
Guardianship
Make sure to select a guardian for your children if you are the only parent or your spouse is unable to properly care for them. If you don’t, the court will choose someone else to perform this responsibility, and that person may not be someone you want. You should choose someone who is not only willing to assume responsibility for your children but also has a very tight relationship with both your family and your children. One thing is critical, and that is the desire to raise your children until they are at least eighteen years old in a happy home. The assigned guardian should be present when you talk to your children about this issue. This will make it easier for them to accept the facts.
Designate who will benefit from your estate.
After your final farewell, they will be the ones to take your belongings. This could include family members, spouses, and friends. It’s always best to include the full names of the beneficiaries in your will, so that there is no room for misinterpretation and misunderstanding. Make sure you don’t put your pet on this list, but instead attempt to find someone to look after him or her.
Distribute the assets.
Start distributing your valuable assets to the people who will inherit them now, rather than waiting until your death. If you run into any difficulties while transferring the assets, talk to your lawyer about it. You should consult a lawyer like Wall & Wall Attorneys at Law if you’re considering disinheriting your wife, as some states’ laws provide that the wife has the right to a portion of your wealth. As a result, you’d be wise to consult with an attorney first.
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Have witnesses sign your will.
After you’ve finished writing your will, you’ll need to enlist the help of two witnesses to witness their signatures. Make sure the witnesses are not on the beneficiaries’ list and must be at least 18 years old. The will must be signed and dated in front of them, and they must be asked to do the same. Self-proving is a term used in some places where a simple signature of a witness suffices to prove the validity of a will.
Keep the will in a secure location.
The will should be stored in a secure location and your executor should know where it is. The will may need to be reviewed every two to three years due to unexpected life events, such as the loss of a loved one, the birth of a child, more money made, or the divorce of a spouse. Make a note of where you’ve put it and make sure you don’t lose it.
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