Who Can Make a Will?

Anyone of legal age and sound mind is able to make a Will.

If you have property that you wish to distribute at the time of your death, you should have a Will.

When you make out your Will, you'll need to designate beneficiaries and an executor. The beneficiaries are the people or organizations who receive your property. The executor is the one you designate to see that your wishes are carried out.

If you have minor children, you should also nominate a guardian to provide for the physical welfare of your children.

In most states, a minor becomes an adult at the age of 18. Once he or she reaches that legal age, certain rights will be given. This is true for most states when it comes to making a Will. Forty-seven states currently require the Will maker to be at least 18 years of age. South Dakota is the only state that requires the Will maker to be older than 18. Louisiana sets the minimum age at 16, while in Georgia; you can make a Will as early as 14 years of age. Several states may allow for those younger than 18 years of age to write a Will if they are married, economically independent, or a member of the military.

Division of Property

The main purpose of a Will is to make provisions for the division of your property after your death. In general, you can designate anyone you wish to be your beneficiaries and you can distribute your assets in any fashion, but there are a few exceptions. Many states have provisions that provide the surviving spouse with the ability to elect to take a defined portion of the estate regardless of the provisions in the Will.

Leaving Property to Spouses

Most of the time, spouses are the major beneficiary in a Will. Even so, there are laws in all states that protect the surviving spouse from being disinherited. Some allow the spouse to take an elective share of the estate, usually one-half or one-third, regardless of the provisions in the Will. One method to disinherit a spouse may be through the use of a premarital agreement, but the courts are apt to closely scrutinize such agreements to make sure that the agreement was signed in good faith and with full disclosure of assets.

It's possible to put limitations on the property that you leave to a spouse through the establishment of trusts for the benefit of your spouse that come into existence after you die. You should consider the following factors in deciding what kind of trust is best for your circumstances:

• the possibility that your spouse's needs may increase in the future
• the manner of living to which your spouse is accustomed
• the ability of your spouse to provide for his or her own needs
• the ability of your spouse to manage the trust assets
• the possibility that your spouse may remarry and the affect the marriage may have on your children or other beneficiaries.

Providing for Minor Children

Many times a spouse is given the entire estate with the expectation that he or she will provide for minor children. That expectation is not always sound however, especially when the surviving spouse is not the parent of the children, or if the spouse is not available to care for the children at the time of your death.

One of the most common practices under these circumstances is the establishment in the Will of a minor children's trust. The trust provides financial support for the children until they become adults, at which time the remaining assets of the trust are distributed to them. It is important to carefully select the trustee, who will manage the trust and make the distributions to your children. The trustee will work closely with the person you've named as guardian to raise your children. In many cases, the trustee and the guardian are the same person.

Leaving Property to Adult Children

It's common for adult children to receive a significant portion of their parent's property. On the other hand, in every state except Louisiana, it is legally permissible to disinherit a child, regardless of his or her needs or age. Louisiana law provides that no child under the age of 23 at the time of the parent's death can be disinherited.

Leaving Property to Grandchildren

Grandparents often leave portions of their estates to their grandchildren to help pay for special needs or educational expenses. Grandparents may also leave property to grandchildren because their parents already have sufficient assets.

Written Requirements

Most Wills are documented with the written word. These are usually formatted with typewriters or word processors. If properly signed and witnessed according to the requirements of the state where signed, these are legally valid in all states. However, there are other types of Wills.

These are handwritten, un-witnessed Wills, signed only by the Will maker. A few states still recognize Oral Wills, under certain conditions. Others offer a standard Will form, where you just fill in the blanks.

A relatively new type of Will is the Video Will, where the Will maker usually reads his or her Will out loud on a video. Videotaping a Will can help avoid a Will contest by showing that the Will maker was competent and following proper signing formalities. Keep in mind that many states will not recognize a video Wills as a substitute for a written Will; the Will maker should do both.

Signing Requirements

In order to make your Will valid, you must sign the document in the presence of at least two witnesses. They, in turn, must sign it as well, in your presence and in the presence of each other. At the time of the signing, most state require that you be mentally competent and at least 18 years of age.

Witnesses

Witnesses are very important to the validity of a Will. The signature of at least two witnesses is required in order to affirm that you were mentally competent and under no duress at the time you executed the Will. Each witness must understand that they are witnessing a the signing of a Will and they must be competent to testify in court. Witnesses should sign in the presence of each other.

In many states, a witness cannot be a beneficiary of the estate. States have adopted these laws to prevent any conflict of interest from those who may be in line for gifts, or who may benefit from your death. Some states will allow for a beneficiary to act as a witness, but in doing so, that witness may lose some or all of the property that he or she would have to inherited.

With understanding the importance of a Will, you can easily begin to protect your assets and life by going to www.easyagreements.com for the correct forms or www.createawill.com for the Kit.

DIY Divorce Tips!

• A DIY divorce can save you time and money if you are able to come to an agreement with your spouse.

If you meet the following requirements, you have the opportunity of filing your own divorce papers.

• Both parties agree on getting a divorce.
• There are no minor children involved.
• There is very little or no community property or debt, and both spouses agree on how to divide it.
• There are no retirement or pension plans, investments, or stock options.
• Neither spouse is in active military service.
• Your spouse has not already retained a lawyer or filed any papers or judgments.
• There is no impending bankruptcy.
• There is no history of abuse or restraining orders.

Take note that a do it yourself divorce will involve more time on your behalf as you will need to properly fill out all paperwork necessary, but will save you a ton of money. When you represent yourself, you will work directly with the county clerk and local judges, so it is best to establish how they view a do it yourself divorce. Be sure to review and file all the paperwork that you have prepared properly. Below is a partial list of the required paperwork that you will need for a do it yourself divorce. Each state has its own document requirements, so you should check with your county clerk to see what they are. You can also download your own state-specific divorce forms on the internet at www.mydivorcedocuments.com.

Basic Forms Needed For Do It Yourself Divorce:

Petition for Divorce - gives the court jurisdiction over your divorce.

Financial Affidavit - Puts forth financial agreements before the court.

Notice of Hearing - The judge’s clerk or family court clerk sets a date for the judge to hear your case, and a notice of hearing is filed.

Answer and Affidavit - This allows your spouse to not be present at the hearing if he acknowledges the validity of the do it yourself divorce. Ask the court clerk if this is possible in your state, and where you can get the forms.

Certificate of Corroborating Witness - Establishes that you have resided in that state long enough to qualify for a divorce in that state.

Settlement Agreement - Determines the conditions of the divorce.

Divorce Judgment or Decree - This is the document that the judge signs to finalize the divorce. Be sure to ask for a photocopy, and also how you can receive a certified copy from the court.

Do it yourself divorce generally keeps the divorce process fairly simple, and can make less animosity between spouses. If you think a do it yourself divorce would be appropriate in your situation, simply go to www.mydivorcepapers.com and begin your low cost down-loadable specific state divorce process now. Once you have all the forms, take your time filling them out carefully. This great DIY divorce site allows divorcing couples to create their own divorce agreement along with supporting court required documents using a step by step self guide to help you along the way. It makes preparing your own divorce papers much easier. You may also go to www.easyagreements.com to find specific forms only.