Some Steps of Writing a Will

It's foolhardy to assume that our property will immediately transfer to our loved ones once we pass away. Many people would rather keep it for themselves instead of giving it to the deserving ones. A will and probate lawyer will save both you and your beneficiary undue stress concerning property and financial benefits distribution.

Here's everything you need to know about a probate lawyer:

Step-by-Step Guide to Writing a Will

A will is only legal if it includes a signature, date, legal capacity and soundness, neutral witnesses, and a named executor. The named executor can be anyone hired by you, and they can be anyone who has the capacity and the credentials to oversee the execution of a will.  

Find out the responsibilities of an executor.

Some basic things your will should include are:

Executor's nameThe guardian's name when minors are involvedDistribution of assetsDirection on the distribution of existing property under the name of the deceasedHow will the remaining future payments, debts, and obligations be accounted for, and by whom?Charity instructions, if any.

You can make your own will as there isn't a specific format you must follow; however, your will should be detailed enough to cover all the clauses and points you need to address. With a will, there're quite a few legalities involved and some technical provisions and terms. It's better to hire a professional probate lawyer to help you with the technicalities involved.

The lawyer you hire will also be responsible for ensuring that the actual beneficiaries of your will benefit from it.   

Sections Your Will Should Cover

Your will should include the following;

Introduction

The opening part of the will should contain the name and the address of the person drafting the will. The state laws are used as a tool to determine how the property and assets will be transferred. Here it's advisable to include an introductory clause in the will that identifies the testator's state, which is you, while nullifying any will made previously by the testator.

All Assets & Liabilities Details

This particular clause should include details of all the assets you purchased, when they were purchased, and who owns them. These details will help calculate the value of your total assets and how to go about with the transfer of ownership process.

Payment of Dues

During a person's lifetime, they take various mortgages or loans to get by. These all need to be paid out from the testator's estate and the lawyer's expenses before the probate and estate lawyers start the execution of the will.

Distribution of Properties

This clause is the heart of your will, i.e., it's a pretty essential and critical element. This clause contains all details regarding assets owned by the testator and who should be the beneficiary of those assets. Now a testator needs to be very careful when drafting this clause. They should take great care and carefully consider what assets need to be transferred to which beneficiary and how the transfer should be made. If a beneficiary gets a lifetime benefit from the will, i.e., through a care trust, the testator should clarify how and when these benefits will become accessible.

Appointment of an Executor or a Nominee

This clause will mention the person who is appointed to act as an executor or a nominee. When minors are involved, the guardian's name is also mentioned alongside. Now, if a trust has been created, then the names of all the trustees need to be mentioned.

The Taxation Clause

This clause will discuss the inheritance tax that must be paid with other taxes.

Attesting Your Will

A will is only binding and has legal holding if it's signed and stamped by the testator. It's always better to sign and date stamp each page of the will, so that it becomes near impossible to make changes to the original will of the testator.

Witnesses Clause

A testator cannot sign and stamp a will without witnesses. This clause should also contain all the necessary details of the witnesses like their names, addresses, signatures, and qualifications.

Hire a Professional Probate Lawyer

It would help if you looked into hiring a professional probate lawyer for the timely execution of your will in case you meet a fatality. We recommend that you look into hiring Ledwidge & Associates as your go-to probate lawyers in Queens and Brooklyn to deal with all will-related issues.

About the Author

The author, James Knight, works as a real estate and probate lawyer at Ledwidge & Associates. He is also a famous blogger who writes articles and blogs on various law services and their technicalities. In his free time, he prefers to catch up on his sleep or take a walk around the block with his dog, Carry.

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