Wills are important to ensure that a person's wishes concerning disposition of assets after death are followed. The following are a list of the key issues to consider when drafting a will.
Beneficiaries
Who receives any real estate owned?
Who receives any personal property owned?
Who should get any assets not specifically mentioned?
What family members do you want to specifically disinherit?
What age does a beneficiary have to obtain before getting full custody or right to assets?
What happens if one or more of your intended beneficiaries does not survive you? Who gets their share of the assets?
Make sure to identify all assets and the location of all assets.
Guardian
(A guardian is the individual charged under a will to take care of your minor children.)
Who will be the guardian under the will?
What compensation and reimbursements will the guardian receive?
What happens if the guardian dies or is unable or unwilling to serve as the guardian?
Executor
(An executor is a personal representative appointed under a will to carry out the deceased's wishes and instructions under the will.)
Who will be the executor under the will?
What compensation and reimbursements will the executor receive?
What happens if the executor dies or is unable or unwilling to serve as the guardian?
Debts
How will you provide for the payment of your debts?
Are there specific debts you want a person receiving an asset to take subject to (e.g., a mortgage on a piece of property)?
Trusts
Should a trust be established for the benefit of minor children or other beneficiaries?
How long will the trust last?
Who will be the trustee administering the trust?
What compensation and reimbursements will the trustee receive?
What happens if the trustee dies or is unable or unwilling to serve as the trustee?
Special Requests
Do you have special instructions regarding burial or cremation?
Do you want to pay for your burial expenses in advance?
Do you have special instructions as to how pets should be taken care of?
Should life insurance proceeds be treated in a special way (note, the terms of the life insurance policy may govern)
Mechanics of Wills
Does the will have to be notarized?
Does the will have to be witnessed?
Who are allowed to be witnesses to the will?
Where should copies of the will be kept?
What is necessary to properly and legally amend the will?
Should you have a lawyer draft the will?
Tax
What tax consequences are involved in disposition of assets?
How are estate taxes to be handled?
How will transfers to spouses be tax efficient?
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