How to write a Will

Believe me, if you do not have a will or trust, you will want to learn how to write a will, or at least how to get one. It is the most important document you can construct for the protection of your assets and division of property, that must be carried out to your wishes upon your death.

My apologies for sounding morbid, but I should know exactly how important this is. One week after the birth of my youngest son, my father passed away. He didn't have much, but did have a small nest egg he was building for either his retirement or to pass on to my sister and I when the time came. He also had a truck, some personal effects, and an unwritten plan. Unfortunately, he passed away before preparing his will. He thought, like most of us, that we have more time.

After tearfully going through his effects and belongings did we (the family) realize that he was unprepared for this event despite his meticulous record keeping.

He did go so far as purchasing Quicken WillMaker, but only installed it, having never written his will.

The short story is that we must now go through a lenghty (4 to 24 month) probate process to lay claim to any assets after creditors have petitioned for anything they think they can get, minus attorney fees, court costs, etc. All of this could have been avoided, would he only have had a will.

There are a number of details that you should collect to help make the will writing process easier of course, such as the names, social security numbers, and contact information of your heirs, spouse, and any other living relatives that you would like to leave assets to. You should also collect a detailed list of accounts, assets, liabilities, debts, securities, properties, vehicles and other items of significant emotional value.

Often times, while preparing your research, you may want to identify specific individuals who will inherit specific assets, and this is done easily with a spreadsheet identifying the property by name, description, estimated value, and to whom you would like it to pass.

You can also seek advise from your local courthouse, clerk of the courts office, website or local law library for additional resources on writing your own will.

Once you have all this information in a single place, you can begin the process of writing your will. My recommendation, if you are planning on writing your will yourself, would be to invest in will writing software or go to LegalZoom.com for professional documents.

If you have an extensive estate, or plan to use other vehicles such as a trust, I would recommend seeking the advise of an experienced local attorney in family law, wills, trusts and estates.