what my lawyer needs to know when writing my will

What are the most important things to put in a will?

What should you not write in your will?

What to know before writing a will?

Where should a will be kept?

When should I write a will?

What questions are asked when making a will?

How do I plan a will?

Why is it important to make a will?

One very important part of planning a will is considering your family members. The purpose of a will is to make sure that your estate is taken care of according to your wishes once you pass. Most people leave part of or their entire estate to their loved ones. It is essential for your attorney to know if you are married, have kids, ...

What is the purpose of a will?

The purpose of a will is to make sure that your estate is taken care of according to your wishes once you pass. Most people leave part of or their entire estate to their loved ones. It is essential for your attorney to know if you are married, have kids, have grandchildren, if your parents are alive, and any other relevant information about your ...

What is the role of a fiduciary in an estate?

A fiduciary will take on a role that will be responsible for various parts of ones estate. This role can be an executor, which is someone who will have control of a will. It can also be a trustee, which is someone who is responsible ...

What is the role of an executor in a will?

This role can be an executor, which is someone who will have control of a will. It can also be a trustee, which is someone who is responsible for each trust. It can be a guardian or someone who will have power of attorney, which means they can make medical decisions on your behalf if you are incapable of doing so.

What is a trustee in a trust?

It can also be a trustee, which is someone who is responsible for each trust. It can be a guardian or someone who will have power of attorney, which means they can make medical decisions on your behalf if you are incapable of doing so. These are all vital roles that need to be filled and should be chosen carefully.

What is a fiduciary?

A fiduciary will take on a role that will be responsible for various parts of ones estate. This role can be an executor, which is someone who will have control of a will. It can also be a trustee, which is someone who is responsible for each trust. It can be a guardian or someone who will have power of attorney, ...

Do you have to list beneficiaries in a will?

Listing your beneficiaries may seem unnecessary, but remember recent births, deaths, marriages, divorces, etc., may influence who you wish to include in your will. At this point, you don't need to specify who you want to receive what; just focus on the people involved so you know you won't be forgetting anyone.

What is a last will and testament?

Having a last will and testament ensures your wishes will be followed and your loved ones are taken care of after your death. It may seem like a daunting task, but this easy-to-follow framework will help you gather everything you need to make a will. After you have all the information and documents you need, making your will is as easy as sitting ...

Who is the executor of a will?

Name an Executor. The person who will handle your estate and the provisions in your will is called the executor. You designate this person in the will. You should make sure the executor will be up to the task of handling your estate and also that the person is open to accepting the responsibility.

Do lawyers charge for consultations?

Attorney consultations vary, depending on the attorney’s preferences. Some lawyers charge for a consultation, others don’t. Some will only hold consultations over the phone, but some will let you come in (this is best, so that you can get a better feel for the attorney).

What is the first meeting with an attorney?

The first meeting with an attorney usually involves the exchange of a lot of information. You will spend a good deal of time explaining to the attorney the details of your legal issue and answering his or her questions. He or she will spend a good amount of time discussion and laying out a plan.

Is it expensive to hire a trust lawyer?

Hiring a trust and estates lawyer is almost always expensive. Learn how to save money by hiring the right lawyer, preparing for your first meeting, and making the most of your lawyer's time.

How to save money on legal fees?

To save money on legal fees, take the time to select a good lawyer, prepare well for your first meeting, and do everything you can to reduce the time that lawyer will have to spend on your case . Even eliminating one email exchange could save you hundreds of dollars.

How to make a will?

Steps to Make a Will: Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses. Store your will safely.

How many witnesses do you need to sign a will?

After making your will, you'll need to sign it in the presence of at least two witnesses. If you're using a document called a "self-proving affidavit" with your will (to make things simpler when the will goes through probate court after your death), your signature must be notarized as well.

What happens to your will after you die?

After you die, your will (if you have one) guides many important decisions—including who gets your property, who your executor is, who takes care of your minor children, and how your estate pays debts and taxes.

How to make a will for a child?

Decide who will inherit your property . Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses. Store your will safely.

Can you name an executor of a will?

You can use your will to name an executor, who will carry out the terms of the will. The executor oversees the probate process, the distribution of your assets, and the payment of your debts and taxes. The person you name doesn't have to have any specific training because your executor can hire a lawyer to help. But be sure that the person you have in mind is willing to serve -- the job shouldn't come as a surprise.

Do you need to notarize a self-proving affidavit?

If you're using a document called a "self-proving affidavit" with your will (to make things simpler when the will goes through probate court after your death), your signature must be notarized as well. Full instructions are included with Nolo's Quicken WillMaker software.

Can you leave property to someone else?

With few important exceptions, you can leave your property to whomever you want. And you can use your will to explicitly di sinherit specific people. Here are the exceptions: If you live in a common law state, your spouse has a right to claim half of your property.

How much does a lawyer charge for a will?

Depending on where you live and how complicated your family and financial circumstances are, a lawyer may charge anything from a few hundred to several thousand dollars for a will and other basic estate planning documents.

What is a durable power of attorney?

Durable power of attorney for finances. Advance directive (durable power of attorney for health care and living will—these may or may not be combined into one document, depending on state law) This is good advice because every adult should have these durable powers of attorney.

Is a will necessary?

But writing a Will is an important, necessary part of every Estate Plan. When you have an effective Will in place, you can rest easy knowing that you’ve set up your family and loved ones with the protection they need when they’ll need it most - when you’re no longer there to protect them yourself.

Who is the executor of a will?

Choose Your Executor & Beneficiaries. Executor: The Executor of your Will is the person you name who will be responsible for settling your estate upon your passing. Choose someone trustworthy and capable of handling the financial, legal and moral obligations required to complete the process.

What is intangible personal property?

Intangible personal property like a business, stocks or bonds. Intellectual property like patents, copyrights or royalties. Cash in savings or checking accounts or in money markets. Valuables like collectables, cars, jewelry or family heirlooms, artwork, etc.

What is intellectual property?

Intellectual property like patents, copyrights or royalties. Cash in savings or checking accounts or in money markets. Valuables like collectables, cars, jewelry or family heirlooms, artwork, etc. Once you identify your assets, make your intentions as detailed as possible.

What is digital estate plan?

A digital Estate Plan is exactly what it sounds like - the plan to handle all your digital assets after your passing. Digital assets are any of the electronic accounts or programs that you log into and/or use online or on a computer, laptop, mobile device or tablet.

Do you need a will to be notarized in California?

You do not need to have a Will notarized in California, and a Will there can be self-proving without a notary as well. Whenever possible, it’s always a good idea to let anyone who is mentioned in your Will know that they are a part of your Estate Plan in some capacity.

What is digital asset?

Digital assets are any of the electronic accounts or programs that you log into and/or use online or on a computer, laptop, mobile device or tablet. These assets can range from email accounts to social media accounts to online bank accounts to photo sites, and much more.

What are the requirements for a will?

Circumstances which may be deemed complex and therefore warrant thorough consideration prior to writing your will include: 1 excluding someone who would normally expect to benefit from your will 2 previous marriage/divorce or other family complexities 3 providing for a beneficiary with special needs 4 having a self-managed superannuation fund 5 being a company director

What is a beneficiary in a will?

Beneficiaries are the persons, charities or organisations that you wish to benefit from your will. Beneficiaries may receive specific gifts and/or a share in your residuary estate. Your residuary estate is what remains after the payment of any debts, funeral and testamentary expenses.

How to nominate a guardian?

When choosing whom to nominate as a guardian, consider: 1 similarities with your lifestyle, values and religious beliefs – whether theirs fit closely to yours 2 who your child might already have a bond with 3 whether the nominee already has or is planning to have children 4 the transition, in terms of location and lifestyle, your children would need to make 5 practically, who can take on the role – physically, financially and emotionally

Can a minor be a beneficiary?

A person of any age, including a minor (that is a child under 18 years of age), can be a beneficiary. However, if a minor is listed as a beneficiary of property or shares, the executor is responsible for administering the assets of the minor beneficiary in accordance with the terms of the will.

Why do you need to include funeral instructions in your will?

We recommend including funeral instructions in your will to ensure that those close to you and the executor, are aware of your wishes.

What is an enduring power of attorney?

An enduring power of attorney allows you to appoint another person to make decisions for you when you are unable to make decisions yourself.

Is life always straight forward?

Managing complex circumstances. Life isn’t always straight-forward – there may be complexities in your family, financial circumstances, businesses etc. The great thing is that your will can be customised to accommodate your specific circumstances.