What do I need to prepare for a Will?
LawsOnline
July 01, 2024
If you are wondering what information you need to plan for a Will, you are in the right place. Preparing for the drafting of a Will can be daunting, but we've made it relatively easy to accomplish with the guidelines provided below and this basic downloadable WILL PREPARATION QUESTIONNAIRE. You can fill out the questionnaire as you follow the simple guidelines. When you meet with an attorney, they will have a longer, more involved questionnaire that you fill out in greater detail. This sample questionnaire gives you an idea of the information an attorney needs so you can have the basic aspects of your Will, such as who inherits which assets, etc., decided and documented ahead of time.
What is a Will?
A Will is a legal document that expresses how a person wants their property distributed to individuals or entities after their death.
We will not create a Will, just outline the information needed for Will creation. You are encouraged and advised to seek legal counsel to help you navigate your state laws and requirements to create a Will. No two states are the same when it comes to Will creation; therefore, you should contact a local attorney who can ensure you are adhering to local guidelines. Will creation is one of the more economical and inexpensive services that an attorney can provide for you. Nationwide, the average cost of a Will is anywhere from $500.00 to $1000.00 depending on the complexity and size of your estate. So, it is worthwhile to search for an attorney who you are comfortable with and whose competency you trust enough to retain their services to create a Will and assist you with any legal issues, should they arise, in the future.
What is a Testator?
A Testator is the person who plans and executes a Last Will and Testament, effective upon their death.
You are the testator. As a testator your full legal name, current primary residence, and contact information, including phone, and possibly email, etc. is at the top of the questionnaire; furnishing this information also helps confirm that you are the person creating the Will. At the time of Will creation, you may want to talk to your attorney about also creating a Living Will and a Power of Attorney. If you become severally injured in an accident or are preparing for a medical procedure, these documents provide additional protection for your estate. The main objective is to name a trusted individual to manage your affairs while you are living but temporarily incapacitated.
What is an Executor?
An Executor is a person or institution that the Will creator (Testator) appointed to be responsible for following through with assigned tasks and duties such as distributing property set out by the testator.
In short, this is the person responsible for managing your estate and arranging for property to be passed on as specified in your Will. To name an executor you want a trusted individual such as a family member or friend who is living in the same state as you. In almost every Will questionnaire, you need to provide an alternate individual to serve as a backup executor in case, for any reason, the designated executor is unable to fulfill the duties of executor. At least one backup executor is highly recommended, but if you can, consider naming two backup executors. You will need the primary executor's, and the backup executor's, full name, address, and contact information.
What is a beneficiary?
A Beneficiary is a natural born person or legal entity (such as a company, charity, or trust) who receives money, property, or interest in property from the creator of the Will.
To identify a beneficiary, or beneficiaries, or receivers of property in your Will, you need to provide the following: full legal name of the beneficiary; legal address and state of the beneficiary; and details of what you are leaving to the beneficiary or beneficiaries. An attorney can help identify what you can and cannot leave to any beneficiaries and verify the language used in your Will to ensure it is correct. Consulting with an attorney in these areas can ensure the courts will uphold your Will. Attorneys can also answer questions about finances such as, how the executor of your estate will manage debts. Some debts on real property and personal property will remain and it will be the beneficiary’s obligation to pay the debt off if they wish to receive the specified property. So, it is important to check with an attorney.
What is Real Property and Personal Property?
Real Property is immovable property such as parcels of land and any associated structures on that land. So, for example, your house attached to the land is considered real property.
Personal Property, in some cases called chattel, is property that is movable. So, almost anything that you can move from one place to another fits into this category such as, clothing, cars, electronics, etc. You may run into other subdivisions of personal property such as, Tangible or Intangible Property, which can be identified in your Will as the following.
Tangible Personal Property is anything that you can touch and feel such as, cars, computers, clothing, etc.
Intangible Personal Property is anything that you cannot touch and feel such as, stocks, bonds, bank accounts, etc.
Identifying your real and personal property for distribution is an area where you may want to talk with your attorney regarding the best way to pass these different forms of property to your beneficiaries. You need to be very specific about the real property in your Will. For example, My house at 330 1st St. SE in Cedar Rapids, Iowa I leave to my good friend Enak. The personal property can be more abstract. For example, you do not need to identify every single piece of clothing or furniture you possess. For example, All the clothing and furniture that I own is to be divided in equal shares amongst my beneficiaries. If you have specific items of personal property such as, collectibles, stocks, bonds, CDs, etc., you would describe these items in greater detail. You should consult an attorney about this particular property after it is noted in your questionnaire and they can help you with designation and distribution accordingly.
The decision you made to identify the information needed to create a Will is the first step in taking control of your financial future. If you do not move forward with a Will, you forfeit control over your property. The State Intestacy Statute applies to estates without a Will. So, your State laws will determine who inherits your property. Without a Will and designated executor in place, almost anyone could apply to the court to become the administrator of your estate and they could determine who gets your property after your death, not you. Ouch!
So, if you really want your collectibles or family heirlooms, etc. to go to specific individuals, or you are expecting to experience any major life changing events such as, buying a home, having kids, changing your marital status, adopting pets, undergoing a medical procedure, traveling for an extended period of time or visiting another country, you need a Will. The peace of mind a Will can give is sometimes more important to your family and friends than anything you could have given them when you were living.
The preceding information was intended to tell you what basic information is needed and how to organize it using the sample Will Preparation Questionnaire so you can provide your attorney with a roadmap to what you want written into your Will. No two people are alike, so it is almost impossible for any commercialized online wizard or AI system to create a Will tailored to your exact specifications. That is why an actual attorney is the best resource for creating the Will that you want and need. An attorney can help navigate your state's specific laws regarding Wills, and can answer any kind of question you have such as, is one witness enough, do you need a notary, and can you leave your entire estate to your dog, Frank?
Good luck and best wishes for preparing the basic Will you want, and working with your local attorney to draft the customized Will you need.
Photo by Kampus Production from Pexels.
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