The basic requirements in most states are that you be above the age of 18, be of sound mind and intend to make a disposition of your property.  Your will should be in writing and witnessed by two persons who are not named in the instrument, over the age of 16.

In limited circumstances an oral (also called "nuncupative") will is valid.  It can only be used to dispose of personal property.  Most states require the nuncupative will to be made at the deceased's home during the last sickness. 
 

A joint and mutual will is a contract (one will) between two spouses that they will dispose of their property in a specific way.  This will is used by married couples who have children by a prior marriage who want to assure their children share in their estate should they predecease the other spouse. It prevents the surviving spouse from making a new will and depriving the children of the deceased spouse from their inheritance.  (See Mirror Wills Page)
 

No.  A will only becomes effective upon your death.  To protect you when you become disabled you must use both our Advanced Healthcare Directive and general power of attorney.
 

Can I make specific bequests of property?

Yes. In your will you simply decide to whom you want to leave your property.  Our wills contain an "enabling clause" that incorporates any written memorandum you may subsequently make regarding the disposition of specific property.  This keeps you from having to redo your will every few years as you acquire new things and get rid of the old. When preparing a will it is important that you have this paragraph included so that you are not locked in on specific items that will soon change.  For more complete protection, you might want to compare the benefits of a Will versus a Trust.
 

I have adult children from a prior marriage and minor children from my current marriage.  Do I need a trust?

You will still need a trust for your minor children.  However, the trusts in our wills only provide for a trust if at the time of your death you have minor children.  If you leave property equally to four children and two are minors, only two trusts would be created under the will.

You can decide when the trust terminates and at what age your minor children receive their inheritance.   Read more about this on our Family Trust Page
 

I want to be cremated.  Does your will provide for that?

Yes.  We will requst this information from you during your phone consultation..
 

I have loaned money to my children and some have not paid me back.  Can I make them pay me back before they get their inheritance?

Our wills contain an optional clause that allows you to elect that your child pay your estate before he or she receives any bequests under the will. By exercising this option you are alerting your administrator that your advances to your child were loans and not gifts. The indebtedness should be evidenced by a promissory note. 

It is a good idea for you to have your child sign a note evidencing the amount in case of a dispute later with your estate administrator as to the amount.  You can make the note payable upon your death if you do not intend to force your child to repay you earlier.  We have promissory notes available, ask us about them during your free consultation.
 

Do I have to have my will notarized?

No.  A notarized will only makes it self-proven.  This means if it becomes necessary to probate your will you will not have to call the witnesses to court to testify about your mental state when you prepared your will.  If your will is not notarized, your executor or administrator will have to call one or more of the witnesses to court to testify about your mental state when you prepared your will. All of our wills provide spaces for notary acknowledgements for your convenience. 
 

Where can I find a notary?

All banks provide notary services for their customers.  You can also find good witnesses there.  Notaries are also listed in the yellow pages.  Most insurance agents have notaries working in their office.  You can find good witnesses there as well. You can search on the web for a notary at such places as theLawShack.com 
 

After my will has been signed, witnessed and notarized, what do I do with it?

You have several options.  Some states, such as Colorado, have a statute which allows you to deposit your will with any court for safekeeping.  Others, such as Texas, provide for the depositing of your will with the county clerk for safekeeping. None of these statutes is a prerequisite to a valid will, they exist only for your convenience. 
 

If your state has not enacted a safekeeping statute, it is common for people to keep their will in a safety deposit box.  You must keep in mind, however, that the person you name as administrator or executor as well as alternate administrator or executor, should be advised as to the location of your will. You may even consider allowing the person you name as administrator to have access to your safety deposit box or provide them a copy of your will to prevent him or her from going to the expense of obtaining a court order to retrieve your will.