For most people, the first estate planning document they create is a Last Will and Testament. If you are planning to execute a Will for the first time, you should give ample thought to the contents of that Will ahead of time. To help you, the Grand Forks estate planning attorneys at German Law suggest questions to ask yourself when creating a Will.
What Is a Last Will and Testament?
At its most basic, a Last Will and Testament is a legal document that communicates a person’s final wishes pertaining to possessions and dependents. Your Will allows you to make both specific and general gifts. In addition, when you create your Will you appoint someone as your Executor to oversee the administration of your estate. A Will also offers you the only official opportunity you will have to nominate a Guardian for your minor children in the event one is ever needed.
Questions to Consider
Before sitting down with an attorney to create your Will, consider the following questions:
- What type of Will do I need? Not all Wills are the same. Depending on your circumstances, you may need a specialized Will instead of a simple Will. For example, if you own assets in another country, you may need to execute an International Will or a second Will in the country where your assets are located. Likewise, if you plan to use a trust as your primary distribution vehicle for your assets, you may need to create a Pour-Over Will to catch any assets inadvertently left out of the trust.
- What assets do I own? You probably have a good idea of what you own and your net worth; however, when it comes time to create your Will, you should have a detailed list of your assets and the current value of each.
- Are all my assets probate assets? Only assets that are considered probate assets need to be distributed using your Will. Non-probate assets bypass the probate process, meaning they can typically be transferred or distributed to the beneficiary shortly after your death. Common examples of non-probate assets include trust assets, proceeds of a life insurance policy, and certain types of jointly held property.
- Who do I want to provide for in my absence? Most of your beneficiaries are probably obvious choices; however, take some time to make a list to be sure you have not forgotten anyone. Do not overlook charities, religious organizations, or other less obvious beneficiaries.
- Are any of the beneficiaries in my Will minors? If you plan to leave any of your assets to minor children, you should consider using a trust to do so. A minor cannot inherit directly from your estate. As such, assets left to a minor using your Will must be managed by an adult. Using a trust allows you to decide who that adult will be.
- Who do I want to administer my estate? One of the decisions you will make when you create your Will is who to appoint as the Executor of your estate. Given the importance of the position, care should be taken when deciding who to appoint. Not only will your Executor be responsible for probating your estate, but if you appoint someone close to you, he/she may also be grieving your loss.
Contact Grand Forks Estate Planning Attorneys
Please join us for an upcoming FREE seminar. If you have additional questions or concerns about creating a Will, or you are ready to get started on your Will, contact the Grand Forks estate planning attorneys at German Law by calling 701-738-0060 to schedule an appointment.
John grew up on a small livestock farm in west central Minnesota. He now lives in Grand Forks with his wife Maggie and their two daughters. In his free time John enjoys reading, taking his family to North Dakota and Minnesota state parks and rooting for all UND and Minnesota professional sports.
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