Free Forms for Living Trust and Will

Many people choose to use free forms for living trust and will. They are designed for ease of use. Before you decide to fill out one of these free forms for living trust and will, take some time to determine if these documents will fit your needs.

A living trust protects your assets.

Establishing a living trust is a way of transferring ownership of assets during one's lifetime instead of on the individual's death. The person who establishes the trust can continue to exercise control over the assets during his or her lifetime.

A living trust is an attractive option for people with substantial assets, since any assets owned by the trust are not subject to probate. The person designated as the beneficiary under the trust simply transfers ownership of the assets to his or her own name.

Unlike a will, which is a matter of public record after the individual's death, the terms of a living trust are confidential.

Keep in mind that simply completing a living trust form is not enough to set up the trust. In addition to the form, you would need to take steps to transfer ownership or title to the assets to the trust itself. A lawyer can assist you in this process.

A will is a legal document containing instructions for distributing a person's assets on his or her death. Pre-printed forms can be used to make a will, but they are best suited to someone with few assets and beneficiaries. For a more complicated estate, seek appropriate legal advice.

A last will and testament will have a title, along with the name and address of the person making the will, also known as the testator. A clause indicating that this is the testator's last will and testament and that any prior wills are null and void will be included.

The next step in writing a will is to choose someone to administer the estate. The executor will perform a number of duties in connection with having the estate probated. Additionally, a person with minor children will likely want to appoint a guardian for them.

Gifts or bequests to certain people or charities will be listed next. Be specific about the person's identity, as well as the property, be it real estate or personal belongings, or the financial gift you want to leave to that individual. Include an alternate beneficiary in case of accident, where multiple deaths may occur.

The paragraphs of a will need to be numbered. Since it is a legal document and the testator's last word, it is important to establish that no pages are missing and/or that no additional provisions have been added.

A will must be signed in front of two witnesses in order to be valid; some jurisdictions call for three people to witness the signing. The people who are witnessing the will cannot be named as beneficiaries in the document. Each witness's full name and address needs to be included on the document.

Each witness must sign a statement indicating that:

• They personally witnessed the signing of the will.
• The testator is an adult.
• The will was not signed under any kind of duress or undue influence.

Each witness must also declare that they themselves are of sound mind, as was the testator. The witness statements must indicate the date the will was signed, as well as the location where the signing took place, such as the name of the city or town and state.

Use free forms for living trust and will to establish your estate plans. If you want your wishes to be carried out, it's best to start this process as soon as you can. Once your estate is clarified, have the documents reviewed by qualified legal counsel.

Find these documents through the following resources:

California Revocable Living Trust

Free Living Trust Forms

Free Last Will and Testament

'Lectric Law Library

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