You should have a will and it should be carefully written. This is not the time to take shortcuts in the hope of saving a few bucks. Pay a competent lawyer to write a document that will lay out your wishes and stand up later to scrutiny by the probate court, your beneficiaries and anyone else. Having a good will takes some serious previous thinking on your part.
Decide how you want your estate distributed. This is obvious and straightforward in many instances, such as leaving everything to your spouse, or to your children if both of you die. Account for pets in the will, but put long lists of personal items (furniture, jewelry, photos, antiques, keepsakes, clothing, etc.) in a separate list for the estate executor to distribute.
For simple wills, a general attorney should be sufficient. If your estate is substantial or complicated, consult a lawyer who specializes in estate planning. Don't be quick to think your estate is too small to worry about taxes. Insurance policies, company benefits, investments and home equity can substantially enlarge the value of an estate.
If you have minor children, you'll have to decide who you want to take care of them if you and your spouse both die. This involves setting up a guardianship, a task that has two principal functions. The first is to provide for the proper care of the children until they reach the age of majority. The second is to manage the money and property you leave to the children and distribute it to them as you would wish.
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Be prepared to name an executor or administrator, whose job it will be to see to the distribution of your estate and make sure any taxes, debts and other obligations are paid.
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In addition to your will, it helps to leave detailed instructions on how you want your children raised, from cars to jobs to education to religion.
Choose your executor carefully. He or she should be someone you trust such as a relative, friend, your lawyer or anyone able to fairly discharge the task of disposing of your estate. Check with them before naming them in the will, to be sure they are willing Nike Polo Long Sleeve
Writing a will is a sobering task that is often put off. However, without one you create a situation in which the court will decide how to pass on your property, not you. Plus, dividing an estate without a will often creates undue stress and expense for heirs, and can even lead to the loss of property and disintegration of family relationships.
$200 to $300 per hour for the time to prepare one for a complex estate.
Start by drawing up a list of your assets: real estate, bank accounts, stocks, bonds, cars, boats, life insurance, profit sharing and pension funds, business holdings, money owed to you and the like.
Depending on where you live and the complexity of the documents you need, the attorney costs may range from as little at $300 for a simple will to Nike Long Sleeve Fleece
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Once your will is completed, don't stuff the only copy in a safe deposit box. Your safe deposit box may be sealed upon your death. Your attorney should have a copy in his or her safe, you should have copy at home and you should provide a copy to your executor or principal beneficiary. Subject to your lawyer's advice, include a letter of last instructions that will help your executor gather your affairs together and carry out your wishes. Passionate views, pointed criticism and critical thinking are welcome. Name calling, crude language and personal abuse are not welcome. Moderators will monitor comments with an eye toward maintaining a high level of civility in this forum. Our comment policy explains the rules of the road for registered commenters.
A husband and Nike Black Sweatshirt Womens wife can name each other or a mutually agreed upon person as executor. You also will need to choose a second person, in case your first choice cannot perform the duties for some reason.
If your situation changes in the future, be sure to amend your will. Many persons have gotten divorced, lost children, changed property, etc. but have forgotten to change their will, and the results after their death were probably significantly different than they would have wanted. If you need to make changes, see your attorney don't attempt to make them yourself. You could invalidate the entire document if you don't follow the proper legal procedures.
The same person could fill both roles, but the "guardian of the person" can be different from the "guardian of the property." If you're divorced, you might be inclined to choose a separate property guardian because the surviving parent typically would get custody of your children. Name backup guardians in case your first choice dies, is incapacitated or relinquishes the job.
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