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How to Write Your Will

tony's picture

For many of us guys, just thinking about writing a will is like admitting that you cannot lift a 50 lb. sack of potatoes or are shopping for Ben-Gay on a regular basis --- it reeks of getting old. However, men of any age, particularly those of us with children, should have a will. After all, you never know what the future holds and while we all anticipate living well into old age, bad things happen to people every day. A will not only makes your final wishes known, but also gives you a say in what happens to your children and assets after you are gone.

So, short of admitting you are old, where do you begin?

  1. Retain the services of a lawyer: A will is one of those things that you could draft up yourself, after investing a great deal of research, time and effort into the task. However, you could save a lot of time --- and headaches --- if you retain the services of a lawyer that specializes in wills and estate planning. Lawyers know the ins and outs of the law and can help you avoid any potential pitfalls and mistakes when writing up your will. They can advise you on how specific to be, although most experts caution against making the stipulations in your will too stringent so you do not have to worrying about updating it often. Doing so can cause you to incur a great deal of added expense.

  2. You need an executor: Ok, so you may already be married and have someone to execute you anytime you do something wrong. This is something entirely different. The executor of your will should be either your lawyer or a person in your life that you trust unequivocally to follow through on your wishes. For many of us guys, this is your wife or one of your children, if they are grown. This person should probably not be your beer-drinking partner from Joe's Bar that you usually only see on Friday nights. If you do not choose someone, the courts will do it for you after you have passed --- and they may not choose someone who has your best interests at heart. To be on the safe side, choose someone at the beginning of the process. You can always change it later if you need to.

  3. Who will care for your children?: This is especially important if you are unmarried or divorced. However, even married couples need a stipulation on who will care for their children in the event that something happens to both parents. Make this decision very carefully and with a lot of thought behind it. Talk with whomever you have in mind for the job to make sure it is something they would be willing to take on. Consider everything: living situation, their ability to raise your children and see them through a difficult period in their lives, education, moral values, etc. Can the person you choose afford.

  4. Make financial provisions: There are a number of taxes and financial liabilities that occur after someone has passed away that usually fall to the family of the deceased. However, you can make provisions in your will for those expenses to be paid out of a pre-determined fund or account. This reduces the financial burden on the remaining family members and will leave them to be able to focus on carrying out your various other wishes.

  5. Go online: If you do not want to retain a lawyer, but want to follow the process of drafting a will correctly, go online. There are a number of Web sites devoted to helping people draw up a will online. These sites provide online support, chat rooms to share questions and a slew of easy-to-understand information on writing your will. Some even provide a questionnaire, which plugs the answers into a standard will document. The huge advantage of using a site like this is that you can simply go online and update your will anytime you have changes.

Anyone over the age of 18 can have a will (so maybe you are not that old) and certainly anyone with children and/or assets should have one. Taking the time to draft a will listing as many specifics as possible is a small price for you to pay in exchange for having the peace of mind that no matter what happens to you, your family will carry in the manner in which you desire after you're gone.

Check out our post just for new dads.

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Re: How to Write Your Will

inspirations's picture

This is helpful. I have been thinking about many things since we found out we were pregnant. Writing a will is just one of many topics on the table in my head. another is upping my life insurance policy. When the kids are closer to birth I plan on finalizing a will and increasing my insurances. they are due in december, so right now I am in the gathering information phase of the planning.
Thank you.

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