6 Useful Tips for
Writing a Better Will
Here’s how to write a legally valid will that will give you peace of mind.
As important as it is, writing a will is something many people put off. But it shouldn’t be. You’ve spent a lifetime building up assets that will go somewhere after you pass. That’s why it’s important to make sure your hard-earned money, real estate, and other valuable possessions are directed to the people, charities, or causes you choose.
A will is a legal document that will let you do that. And whether you’re still working and living at home, or have retired and moved to an independent living or assisted living community, there’s no better time than now to draw up your will.
Although you can put together a valid will yourself, you might want to hire a trusts and estate attorney to make sure everything is legally proper. Before putting pen to paper, talk to a lawyer, to think things through. To get started, here are 6 useful tips for writing a better will:
- Make a comprehensive list of your assets and personal property – Naturally you’ll want to include monetary assets in bank accounts, stock and bond investments, and certificates of deposit. But you’ll also want to include any real estate, vehicles, and personal property like valuable family heirlooms, artwork, and anything else meaningful. Don’t leave anything out. You can have this itemized list of “tangible personal property” attached to your will. This will help guarantee everything is accounted for and will go to the right people and places and aren’t left to unintended beneficiaries.
- Decide who gets what – Now it’s time to choose your beneficiaries: people or organizations who will receive money, property, or other benefits from your estate. It’s important to identify them properly. Spell out their full legal name and their relationship to you to ensure there is no chance of misunderstanding whether you’re leaving something to Penny your daughter or Penelope your sister. Beneficiaries can be anyone including non-family members and organizations like charities, colleges, or causes important to you.
- Don’t forget your pets – Whether it’s your dog Rocky or your herd of pet llamas, you can help make sure they have a home and are well-cared for after you’re gone. Talk to your family and friends ahead of time to find someone who would be willing to take care of your pet and designate them as a guardian. If you like you can specify a certain amount of money to be used for things like your pet’s medical care, food, grooming, and other needs.
- Make your intentions clear – The best way to make sure everyone understands your wishes or why you are giving certain assets to certain people is to discuss it with them beforehand. But even if you do that, you should put your intentions in writing in a separate letter to your beneficiaries so your will remains simple, clear, and specific.
- Ensure your will is legally binding – Proper witnessing and signing are essential to making your will legally valid. To do that, you need to sign your will in the presence of at least two witnesses who also have to sign the will in front of you. Anyone named as a beneficiary in your will can’t be a witness since this could put your will’s legitimacy in question. Although some states don’t require your will to be notarized, it’s wise to use a notary public to make sure your will is legally valid and enforceable.
- Keep your will in a safe and accessible place – Don’t simply tuck it into a dresser drawer or hide it away. It’s best to put the original document and a copy in a secure place like a filing cabinet, a fireproof lockbox, or a safety deposit box at your bank.
You can also digitally store a copy of your will in a digital safety deposit box. This is a secure online place where you can store your will and other important documents. Backing up your written will and storing it digitally will let you protect it from physical damage and provide an easy way to access it. Finally make sure people like your executor not only know where to find your will but are able to easily access it with a physical key or a digital password.
Taking the time to write a legally valid last will and testament will give you peace of mind now and make it easier for your executor to carry out your wishes and distribute your final gifts later.
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