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Two of the most basic principles of
estate planning. If you don't have a will, make one. If you have one,
review it to be sure that it describes your current situation.
Why are wills so
important? Without a will, you have left your estate planning to your
state government under its laws of intestacy. First, a local court will
have to appoint an administrator to manage your estate. This person,
possibly a stranger to you, will have to be paid. Second, even if your
surviving spouse is named the administrator, he or she may have to post
a financial bond. Third, the amount of time required to settle your
estate may be unnecessarily long at a time when the financial security
of your family is particularly important. Fourth, your estate could
unwittingly pay more federal and state taxes than necessary. And fifth,
your surviving spouse may receive less than half of your separate
property, depending upon the state law and the number of other
surviving family members, including your children, parents, and
siblings.
Your will should
serve a number of purposes. In a way, a will can be a very personalized
roadmap of what you want done with respect to your property and your
personal wishes. It is primarily responsible for describing how you
want to distribute your property after your death. A will also lets you
name a guardian to care for your minor children if you die or become
incapable of caring for them. Finally, a will lets you name your
executor, the person who will oversee the settling of your affairs
after you die.
In short, your will
allows you to give direction and authorization to others to act on your
behalf after your death.
You are not required
to use a lawyer to prepare your will, but you must follow some very
precise rules in writing and signing the document. While there are many
print and software publications to help you with drafting a will, it is
better to seek professional counsel in this area. An attorney will
ensure that your will meets all the legal requirements and minimizes
the chance of any misunderstanding when it is read. An attorney can
also give you the advice you need on how to change and store the
document. Either way, it doesn't take much to get started: just a good
sense of what you own and an understanding of your goals and
objectives.
If you amend your will or prepare a new one, you should destroy copies
of all previous wills.
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