Questions to Ask Yourself before writing a Will

The last thing that you want to do is leave this world without a will. Your legacy is important, and you don’t want to leave your loved ones scrambling to sort out finances and split assets without direction. Without a will, your assets will also be split up according to the laws that govern the state in which you live. You will not have a say in where they go, and they may end up not going to the person which you want to have them. The best way to avoid a headache for your family and ensure your assets go to your loved ones is to draft a proper will with a wills and estates attorney that outlines all possible aspects and accounts for your desires. 

Make a plan

When you want to create a will, you need to go through your life and look at everyone that may be affected by your death and has a stake in your estate. This includes examples such as your spouse, ex-spouse, children, grandchildren, siblings, and parents, though friends and other loved ones do factor in as well. These are the people who will benefit as a result of you having a properly planned out will. 

Once you have taken these individuals into account, you must analyze your assets. This includes personal possessions, finances, real estate, and business ventures. 

The value of all of your assets, once you have taken out all of the taxes, legal fees, and funeral expenses that come with passing away, you then have an idea of how much you will have to leave to your loved ones. 

Should you put funds into a trust? 

A trust is an excellent solution to help financially support minors, support charities, as well as have safeguards in place for beneficiaries. When funds are held in a trust, they are held with rules and stipulations that the person who set up the trust puts in place. For example, a cottage can be put in a trust with multiple children put on the trust as beneficiaries, but a rule can stipulate that the property cannot be sold without agreement between all parties. A trust can be a great tool to help you ensure that your loved ones are taken care of. 

​What about minor children?

If you have minor children, then you need a will that stipulates who will become their legal guardian in the event of your death. If you have a spouse or an ex-spouse, then they will retain custody, but if you are a single parent, then you need to include in your will who takes over as their guardian. If you do not include this, then your death can be even more turbulent for your children. 

It sounds like a lot

Trying to create an Estate Plan on your own that considers everything, including the tax that your heirs may owe, is incredibly difficult. Hiring a lawyer to draft your documents and to ensure that everything is in order will take a weight off of your shoulders. Our estate planning team at The Knee Law Firm, Ltd., will be happy to meet with you to discuss how to start this important process.