How Do I Write a Will?

You should get the basic estate planning documents in order and revisit them regularly. Everyone should have a Will, but it's only one of several significant estate planning documents in a comprehensive plan.

US News’ recent article entitled “10 Steps to Writing a Will” says that many of a typical household's assets, such as retirement accounts, can be transferred outside of a will by naming beneficiaries. Documents, like financial and medical powers of attorney, can also be more powerful in determining the outcome of an estate.

Find an Experienced Estate Planning Attorney. Most situations will require an estate planning attorney, especially when you have a large estate, a blended family, or other complex situations.

Select Beneficiaries. A common mistake people make when planning their estate is failing to name or update beneficiaries on key accounts that work with the plans outlined in their wills. The beneficiary listed on bank accounts, life insurance and other financial accounts will have control over the will.

Choose the Executor. The executor has the task of carrying out your wishes.

Choose a Guardian for Your Minor Children. If you have minor children, you must designate a guardian. That way you can name the person you want to care for your children, in the event you die while they are yet minors.

Be Specific About Who Gets What. One of the most time-consuming aspects of creating a plan may be deciding which assets to include and determining who will receive what. Consider the types of assets being allocated to heirs to help with decision-making and management.

Be Clear About Who Gets What. Think practically about how your property will be distributed. A big reason children stop speaking after a parent's death is because there’s boilerplate language directing tangible assets, such as artwork, collectibles, or jewelry, to be divided equally among children.

Attach a Letter. You can attach an explanatory letter to your estate plan. This letter may provide additional detail about certain wishes. This is also called a “Letter of Last Instruction.”

Sign the Will Properly. If you fail to execute the document properly, it may result in the document being deemed invalid. An experienced estate planning attorney will know precisely what is required as far as witnesses and notarization.

Find a Place for Your Will. Inform a person you trust about the location of your will as well as any other important legal papers and passwords to financial institutions. In addition, it’s wise to store the original copy somewhere secure, such as in a fireproof safe.

Review and Update Your Will. A will should be updated every few years.

Reference: US News (May 31, 2021) “10 Steps to Writing a Will”

Suggested Key Terms: Estate Planning Lawyer, Wills, Inheritance, Guardianship, Executor, Personal Representative, Letter of Last Instruction, Probate Attorney