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    • Dalia Ramirez
    • Account for all possessions. Everything you own, from physical property to financial accounts, is part of your estate. Assets you’ll include in your will include real estate, vehicles, valuables and other personal property.
    • Determine distribution. It can be helpful to separate bequests into categories to first take care of your beneficiaries’ needs, then consider sentimental gifts.
    • Think about your children. If you have minor children, you will need to decide who will take care of them once you're gone. This means naming a guardian in your will in the event that both you and the other parent are not able to care for them.
    • Name an executor. An executor ensures that the directions in your will are carried out after your death. You can choose a family member to be your executor, but if you’re concerned about their ability to handle your estate during a difficult time, you can name your lawyer or an institution such as your bank.
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    • An Introductory Clause
    • A Declaration Clause
    • A Clause Identifying The Executor Or Administrator
    • A Bequest Clause
    • A Residuary Clause
    • A Guardianship Clause
    • An Attestation Clause
    • A No-Contest Clause

    In your introductory clause, you provide your personal information including your full name and the state where you live and indicate you are of sound mind at the time of the will.

    Your declaration clause indicates that you intend this legal document to serve as your last will and testament. You should date your will and specify that this is your current legally valid will, revoking any wills that came before it.

    An executor or administrator oversees the probate process with the court in which your estate is settled. The executor or administrator will also manage your estate assets until they are transferred to beneficiaries. This is an important job, as the executor must take many steps including locating assets, filing court paperwork and notifying credit...

    A bequest clause specifies who will inherit your assets and how they will be distributed. It’s important to note this applies only to assets that transfer during the probate process. If you have put assets into a living trust, your retirement accounts name beneficiaries who inherit upon death or you co-own real property titled as joint tenants with...

    A residuary clause should be included in your last will and testament. It specifies who inherits any property that is not otherwise addressed in your estate plan.

    If you have minor children, you need to appoint a legal guardianfor them using a guardianship clause in your will. It is a good idea to appoint a successor guardian in case your first choice person passes before you or is otherwise unable to take over the care of your children if you pass away before they reach adulthood.

    An attestation clause is the clause that is signed by the witnesses, attesting that the will is valid and was signed by you. Different states have different rules for the number of witnesses and the process for a witness signing a will in order to make it legally valid.

    If you are concerned about someone arguing about the validity of your will, you can include a no-contest clause. This type of clause specifies that a beneficiary cannot inherit if they unsuccessfully challenge the validity of a will after your death. Different states have different rules about when they enforce these clauses, with some depriving a ...

  2. Dec 21, 2023 · Use our flowchart quiz to help you identify the best type of will for your needs. After completing the quiz, explore detailed information on each will type through the links provided, ensuring you make an informed decision tailored to your situation. Simple Will. Testamentary Trust Will.

  3. A last will and testament is a legal document that gives you the final say on what happens to your possessions after your death. A last will means that you and you alone get to decide who benefits from your real estate, bank accounts, personal property, and other assets.

  4. 10 minute read. Will Preparation - Checklist for Making a Will. Ready to protect your family by starting your Estate Plan? Use our easy to follow Will preparation checklist to get started. Patrick Hicks , @PatrickHicks. Head of Legal, Trust & Will. Recommended for you. Create your estate plan or file for probate today. Share this article.

  5. Apr 20, 2020 · Online forms don’t give front- or back-end legal advice on how to structure assets or beneficiary designations, how to minimize taxes, what the new SECURE Act is and what it means for your retirement accounts, how to avoid probate, how to protect your disabled spouse or child, and so on.

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