Making a will is something you can do on your own.
Making a will is something you can do on your own. However, be careful not to try to copy what a lawyer does. This is not the best thing to do. When a self-made will is filed with the court, the judge looks for certain things. He does not expect it to be typewritten or in legal language. In fact, in some states, a typewritten will is a reason for the judge to declare it invalid. A will must be handwritten; written with pencil and paper, in your own language. It is known as a holographic will. There is absolutely no legal requirement to write a self-made will.
While a will should be in your own words, it’s a good idea to deal with some basics in your will. That’s why it’s a good idea to have a template or list of what to include in your will. I also recommend that you do some research on the laws drafted by your state, so you don’t miss anything. The following are some things to include in your will.
Making a will must include guardians
When making a will, you should always give the names of the guardians of your minor children or incapable heirs. This is often a difficult thing for people to do. I recently finished drafting an estate plan, ie wills, trusts, power of attorney and couple’s living wills. I started drafting documents 14 years ago. It took them almost 14 long years to decide on a tutor for their special needs son. When they came back to the office last week after so long, I was surprised to see them. I went into details with them and found out that after 14 years their eldest daughter could act as guardian for her son and the couple was ready to finalize their paperwork. During all this time they had not been able to find someone who they felt could take care of their son. I understand, but I wonder if something had happened to them before 14 years had passed, who would the judge have appointed to take care of their son? This is usually a choice best made by parents. When they signed I could see a smile on their faces and finally a tutor for their son.
Making a will must include a division of assets
When making a will, some people feel some pressure about how to divide their assets. They want to do it in a way that doesn’t upset any of their children. So questions like “How can I divide the assets equally between my children?” “I have a child with special needs, should I give everyone the same rights so there are no conflicts later?” “I have children who owe me money, how do I take care of that? If these questions keep running through your head, maybe you should choose to make not just a will, but a full estate plan.
