Everyone, once they reach adulthood, should have a will. This is a legal document that allows you to decide what happens to things that are important to you, after you die. You need to have an attorney draw this up for you so that it holds up in court, if that becomes necessary. There are some very important things that you need to keep in mind when making this document. Some things are very important to include in this document. There are also a few things that you need to make sure do not go into your will. Here are a few things to know before having this document set up for you.
Why It Is So Important That You Have a Will
There are laws that dictate what happens when you pass away. If you do not have a will, then the law will take over and make choices for you. This could mean that your family and estate lose total control over what happens to your family, home, and other assets. The only way to make sure this does not happen is by creating a will. This document tells the court what it is you wanted to happen after you passed away. It talks about every aspect of your estate, from your family to your home, and even what you wanted to happen to the money in your bank accounts. Without this document, it could wind up going to places that you do not want.
What You Need to Include in Your Will
There are many things you need to include when you create this document. First, you need to decide who is going to care for your family should you have any minor children. If there is nothing in place, the law states that your next living relative is likely going to take care of your children. Should this not be an option you want, you need to state what it is you do want.
Next, you need to decide where you want all of your assets to go. This includes things like your heirlooms, money, vehicle, and items of value. You need to include the item you want to go to someone, and who you want it to go to. This allows the court to hand out your assets to whom you wanted, based on your specific wishes.
Then, you need to discuss what happens to your real property. This is the part where you tell the courts what you want to happen to your home. If you have any other properties aside from the one you live in, that will be talked about here, too. You will show the court who you want to live in the home, or what you want done with it. If you want it to be sold and the proceeds divided, you can mark that as well.
Finally, you need to dictate who you trust to make your wishes happen. This is called your executor. This person reads through the document and make your wishes come true. Specify who you trust to do this, and make sure the person agrees to be your executor. That way, they know what to expect when you pass.
What You Should Make Sure Does Not Go Into Your Will
There are also a few things that will not end up going into your will. These things should be discussed with your attorney during this document’s creation. You want to avoid adding anything that will automatically get disbursed upon your passing. This includes things like a life insurance policy where you already named a beneficiary. Plus, you should not include the instructions for your funeral in your will. This should be something you discuss with someone prior to passing along. That way, you get to have the funeral you want without disrupting your estate.
Where You Should Go to Get a Will
After you pass, if anyone contests your will, it will likely end up in court. That is why it is so important that you hire an experienced attorney to help you create one. They know what to include, and how to word it so that it holds up in court. It is very important that your final wishes be followed through with. The best way to ensure that this happens is by having a will that is set up properly. Hire an attorney to help you create your will so that everyone is able to help bring your final wishes into reality.