Finding the Will to Create a Will

I, like many Americans, have procrastinated when it comes to getting a will. It probably has something to do with living in denial as well. You only need a will if you are going to die. Since I have too much to do before I can even think of dieing, a will keeps getting put off for later.

There are a number of places online that you can use to help you create a will. Some that I have found include:

• Free Will Docs was wills-online.com/
• ‘Lectric Law Library
• Find Law
• Washington (state) Wills (my home state)
• Legal Zoom - State Requirements

If you die without a valid will or other valid alternative to distribute your property, your survivors will have to deal with the things you should have taken care of and may have to fight not only each other but the state over what should happen to your property. If you die without a will then your estate is considered “intestate” and the probate court will divide up the estate using the legal defaults for your state in dividing property to any surviving relatives. Relatives you may care less to have a share of your estate. Close friends and charities that you were important to you will not receive anything.

You can create your own will using software or online tools, and using these tools is probably better than doing nothing at all, but it really makes sense to have a lawyer create the will so you can be sure not only that your wishes are followed, but that you have taken care of everything. Just don’t procrastinate any longer. I will be reporting back as soon as my will is complete.

According to the American Bar Association you will want to collect the following information in order to create your will:

• The names, addresses, and birth dates of your spouse, children, and other relatives whom you might want to include in your will. List any disabilities or other special needs they may have.
• The names, addresses, and phone numbers of possible executors or trustees.
• If you have young children, the names, addresses, and phone numbers of possible guardians or trustees.
• The amount and sources of your income, including interest, dividends, and other household income, such as your spouse’s salary or income your children bring home, if they live with you.
• The amounts and sources of all your debts, including mortgages, installment loans, leases, and business debts.
• The amounts and sources of any retirement benefits, including IRAs, pensions, Keogh accounts, government benefits, and profit sharing plans.
• The amounts, sources, and account numbers of other financial assets, including bank accounts, annuities, outstanding loans, etc.
• A list of life insurance policies, including the account balances, issuer, owner, beneficiaries, and any amounts borrowed against the policies.
• A list (with approximate values) of valuable property you own, including real estate, jewelry, furniture, jointly owned property (name the co-owner), collections, heirlooms and other assets. This list could be cross-referenced with the names of the people you might want to leave each item to.
• Any documents that might affect your estate plan, including prenuptial agreements, marriage certificates, divorce decrees, recent tax returns, existing wills and trusts, property deeds, and so on.