You may not worry about dying, but you could probably stand to be
better prepared for it. Most Americans don't have a will, yet
making one not only is a thoughtful gesture toward the people you
care about but is also the only way to ensure that your assets,
your children, and your prized belongings will be properly cared
for. You also can save your kin the sometimes hefty legal expense
of dealing with a will-less estate.
Why You Need One
Dying without a will, known as dying intestate, means that the
state where you lived decides what to do with your stuff. Married
without children? You may assume that all your assets will go to
your spouse. But in some states your spouse will get only half and
your parents will get the rest. Do you have children? Without a
will, the state picks their guardian perhaps a faraway uncle who
doesn't have the same child-rearing philosophy that you do. Are
you single and devoted to a local charity? If you don't write a
gift into your will, it won't get a penny.
How to Prepare
First make a list of your major assets house, car, bank account,
stocks and bonds, jewelry, furnishings, artwork. Note: Some assets
don't need to be included in a will. For example, you've probably
already named a beneficiary for your 401(k) retirement plan and
life-insurance policy. And if you own your house jointly with your
spouse (look for the phrase "joint tenancy" on the deed), he or
she will get it automatically when you die. Next, think about the
people you'll name in your will.
BENEFICIARIES. Those to whom you're leaving your possessions.
You can bequeath specific items say, your piano to a friend who's
always loved it or simply have one or more beneficiaries divide
your entire estate. Or you can do both, giving specific things to
specific people and leaving whatever assets are left to your
beneficiaries.
AN EXECUTOR. That's the person who settles your debts and taxes,
makes distributions to the beneficiaries you've named, steers your
estate through the courts (if necessary), and generally ensures
that your will is carried out. Pick a trusted friend, family
member, or lawyer. Name a backup, just in case.
A GUARDIAN. The person who will look after your children if
they're under 18 when you die. You'll need to name a personal
guardian, who will meet their daily needs (food, clothing,
shelter), and a property guardian, who will manage any assets
they've inherited; it's easiest to combine these functions in the
same person.
How to Draw Up a Will
BASIC. If you don't have a lot of assets and want to leave just
about everything to your husband, your parents, or your children,
consider using a legal-software program. A good program, such as
Quicken's, walks you through what your will
should include and spits out a completed document at the end, all
in about an hour.
You can also use the preprinted forms in a good how-to guide, such
as Nolo's Simple Will Book, $35, www.amazon.com though the end product
won't be nearly as customized.
Alternatively, if you know exactly what you want your will to say,
you can create one on-line at legalzoom.com. After you complete a
simple form, professionals look it over for errors and mail the
will back to you within 48 hours (cost: $55 to $115 for a basic
will).
Be sure that you date and sign your will in the presence of two to
three witnesses who are not named as beneficiaries.
If legal forms tend to make your stomach churn or you want the
in-person reassurance of an expert who will make sure you're
covering all the bases, turn to a lawyer. Lawyers don't charge
much for a simple will $150 to $400 is common.
COMPLICATED. If you have intricate finances or a blended family,
plan to make unusual bequests, or have assets worth more than $1
million, use a lawyer who's an expert in estate planning. A lawyer
can suggest tax-saving moves and tell you whether it makes sense
to augment your will with a so-called living trust a trust you
create in your lifetime to which you can transfer some or all of
your assets. Expect to pay $500 or so for a comprehensive will,
$1,000 more if it includes trusts.
TEMPORARY. You may have heard about a holographic will a
document you write in your own hand on a plain piece of paper.
Generally these are a bad idea. It's easy to make a small mistake
that invalidates the will (like crossing something out), and not
all states recognize such wills. (To find out if your state does,
call your local Bar Association.) However, if you must have a will
now for instance, you're about to leave on a trip a holographic
will might be better than nothing. Be sure to replace it with a
formal will as soon as possible.
Where It Goes
Once your will is complete, keep one copy at home and another in
either a safe-deposit box or your lawyer's office. Then sit back
and relax. You may not have eliminated all your fears about dying,
but you've made that scenario a little less worrisome.