Writing a Will

Writing a will is something many people put off, believing there's always tomorrow. Unless you're willing to let the state decide who receives your assets after you're gone, it's better to tackle this task sooner rather than later.

The old adage "There's no time like the present..." is never more appropriate than when it comes to writing a will. Thinking about the day when we are no longer around to enjoy life isn't pleasant for anyone, but we all do eventually pass on.

The question at hand is will we leave our affairs in order, or leave behind a mess for our loved ones and the state to untangle? Planning and writing a will is something you can do now to show your care for your family when you're no longer here to help sort things out.

There are several ways to write your last will and testament.

• You can hand write your will yourself.
• You can use a will writing kit to do the job yourself.
• You can hire a competent attorney well versed in the probate laws of your state to help you write your will.

Hiring an attorney is perhaps the best route to take. He/She will know exactly how to write a will that will stand up in court, and will almost certainly have the expertise to advise you on every aspect of dispersing your estate.

No matter which way you go about writing a will, it will be necessary to have your document witnessed and signed by two individuals who are not beneficiaries of the will itself. This offers the state evidence that your will was written without duress from anyone standing to benefit from your generosity.

The following outline will give you a good idea of the steps it takes to write a valid will.

This will help you get an idea of just how big your estate is and help you make a clearer decision about how it should be dispersed.

Who do you want to leave your money, property and other goods to? It may be relatives, friends, or even charitable organizations. Once you have your list of assets, it will become more apparent who should receive them when you're gone.

Believe it or not, this is the most crucial part of writing a will. An executor is the person who will carry out the directions left in your will, and tie up all the loose ends, such as filing your tax return, handling your 401K and paying off your outstanding bills.

The right person will have the necessary time and skills to see the project through. The wrong person, however well meaning, will have greater difficulty overseeing your estate and may wind up feeling burdened by the responsibility.

Discuss your thoughts and feelings with your top two or three choices for executor and see how they feel about taking on the job before you name someone in your will. This should help you make the best possible choice. You can also name an attorney as your executor. This takes the burden off of your family, but understand that your attorney will take a portion of your assets as a fee.

As mentioned previously, there are several routes you can take to actually write your will, but before you do anything, you'll need to check the laws of your state to find out what they'll accept. Some states recognize a hand-written will as valid while others do not. No point in waisting your time and energy creating a document that is either not considered valid, or includes costly mistakes that will drain your assets before anyone receives them.

When in doubt, hire an attorney. It's worth the fee to have true peace of mind.

For best results have your witnesses sign your will in each other's presence, and better yet, in front of a notary public. Your witnesses should not be anyone who will directly benefit from your will, or married to anyone who does.

In the case that your will is contested in any way, your witnesses will be called on to testify about your frame of mind when the will was written.

Hopefully you now understand why it's so important to write a will and set your affairs in order. Now that you know the basic steps to preparing one, you should feel confident enough to begin the process. Just make sure you review your document periodically and update it if your assets change.

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