Last Will

The basic requirements in most states are that you be above the age of 18, be of sound mind and intend to make a disposition of your property.  Your will should be in writing and witnessed by two persons over the age of 16.

In limited circumstances an oral (nuncupative) will is valid.  It can only be used to dispose of personal property.  Most states require the nuncupative will to be made at the deceased's home during the last sickness. 
 

A joint and mutual will is a contract (one will) between two spouses that they will dispose of their property in a specific way.  This will is used by married couples who have children by a prior marriage who want to assure their children share in their estate should they predecease the other spouse. It prevents the surviving spouse from making a new will and depriving the children of the deceased spouse from their inheritance.  (See joint and mutual wills)
 

No.  A will only becomes effective upon your death.  To protect you when you become disabled you must use both our medical power of attorney and general power of attorney.
 

Can I make specific bequests of property?

Yes. In your will you simply decide to whom you want to leave your property.  Our wills contain an "enabling clause" that incorporates any written memorandum you may subsequently make regarding the disposition of specific property.  This keeps you from having to redo your will every few years as you acquire new things and get rid of the old. When preparing a will it is important that you have this paragraph included so that you are not locked in on specific items that will soon change.
 

I have adult children from a prior marriage and minor children from my current marriage.  Do I need a trust?

You will still need a trust for your minor children.  However, the trusts in our wills only provide for a trust if at the time of your death you have minor children.  If you leave property equally to four children and two are minors, only two trusts would be created under the will.

You can decide when the trust terminates and at what age your minor children receive their inheritance. 
 

I want to be cremated.  Does your will provide for that?

Yes.  You may make this election in your will after you print it out.
 

I have loaned money to my children and some have not paid me back.  Can I make them pay me back before they get their inheritance?

Our wills contain an optional clause that allows you to elect that your child pay your estate before he or she receives any bequests under the will. By exercising this option you are alerting your administrator that your advances to your child were loans and not gifts. The indebtedness should be evidenced by a promissory note. 

It is a good idea for you to have your child sign a note evidencing the amount in case of a dispute later with your estate administrator as to the amount.  You can make the note payable upon your death if you do not intend to force your child to repay you earlier.  We have promissory notes available. 
 

Do I have to have my will notarized?

No.  A notarized will only makes it self-proven.  This means if it becomes necessary to probate your will you will not have to call the witnesses to court to testify about your mental state when you prepared your will.  If your will is not notarized, your executor or administrator will have to call one or more of the witnesses to court to testify about your mental state when you prepared your will. All of our wills provide spaces for notary acknowledgements for your convenience. 
 

Where can I find a notary?

All banks provide notary services for their customers.  You can also find good witnesses there.  Notaries are also listed in the yellow pages.  Most insurance agents have notaries working in their office.  You can find good witnesses there as well. You can search on the web for a notary at such places as goMobileNotary.com. 
 

After my will has been signed, witnessed and notarized, what do I do with it?

You have several options.  Some states, such as Colorado, have a statute which allows you to deposit your will with any court for safekeeping.  Others, such as Texas, provide for the depositing of your will with the county clerk for safekeeping. None of these statutes is a prerequisite to a valid will, they exist only for your convenience. 
 

If your state has not enacted a safekeeping statute, it is common for people to keep their will in a safety deposit box.  You must keep in mind, however, that the person you name as administrator or executor as well as alternate administrator or executor, should be advised as to the location of your will. You may even consider allowing the person you name as administrator to have access to your safety deposit box to prevent him or her from going to the expense of obtaining a court order to retrieve your will.

Can I save my will and edit it later?

You can save your will to a file on your own computer for later editing.  After you complete your will, click on the "File" button on the toolbar of your browser and click "Save As".  You should save it as a Web Page (html format) and name it "My Will" (or any other name).  You can save it to Desktop, My Briefcase, or any other place you desire.  Later when you want to edit your will, open the file and click the "Edit" button on your toolbar.  You can edit your will and make any changes you wish.  Be sure and save your changes. You may also print your will as often as you like after you have edited it.
 

I don't have a printer.  Can I still buy a will?

Yes.  After you have submitted the information for your will and it appears in the screen download it to disk.  You can then transfer it to a floppy and go print it at a friend's house.  You may also go to a local office supply store and print it out for a nominal fee. Most public libraries offer computer services, including printers, for the cost of the paper. 

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