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Completing a will does not have to be difficult or expensive. We provide a secure, quick, cost-effective and easy way to complete your will. Learn more

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FAQ

» What is a Will?

A Will is a legally binding document created by an individual that allows that person to decide the rights of others over his or her property or family after his or her death.

» What is the importance of a Will?

A Will allows you to decide who inherits your property and what they receive. A Will allows you to leave your property as shares of your estate and/or as specific gifts. If you do not create a Will the laws of your state will dictate how your property is distributed among your heirs (spouse, children, grandchildren and blood relatives). Typically, if you have no heirs, your property will be taken by the state.

A Will is especially important for parents of young children. In your Will, you choose legal guardians for your children ensuring that they are raised according to your wishes.

In your Will, you choose your personal representative ensuring that your estate will be distributed by an individual you trust. In addition, you can leave funeral instructions to be followed after your death.

» What if a die without creating a Will?

If you do not create a Will the laws of your state will dictate how your property is distributed among your heirs (spouse, children, grandchildren and blood relatives). If you have no spouse or blood relatives as heirs your property will be taken by the state.

» Who can create a Will?

An individual must be at least 18 years of age or older and of sound mind cannot in order to create a valid Will. To be of sound mind, you must be able to understand the extent of the property you own, the natural objects of your bounty (generally your family and friends) and how you wish to distribute your property. Physical infirmities do not limit your ability to create a valid Will.

» When does my Will become binding?

Your Will becomes binding when it is signed, witnessed and notarized according to the detailed instructions that we provide.

» How do I revoke my Will?

The creation of a new Will automatically revokes an existing Will. A Will may also be revoked by physically destroying (tearing, shredding or burning) it with the intent of revocation.

» Do I file my Will with a court of law?

No. You do not file your Will with a court or other governmental agency.

» How does my Will provide for my underage child(ren)?

In creating your Will you choose legal guardians (personal and property) for your children to ensure that they are raised according to your wishes. The funds that you leave your child(ren) are placed in a trust, under the control of a guardian, to be used for the benefit of your child(ren). Once your child(ren) attain(s) an appropriate age that you choose the funds can be distributed all at once or in stages.

» How can I provide for a child(ren) I plan to have?

Although you are writing a Will today you may include future children or grandchildren.

» What property cannot be left in my Will?

Certain types of property cannot be left in a will:

Insurance policies, pensions and other retirement benefits (401(k) plan or Roth IRA) name a specific beneficiary. These beneficiaries cannot be changed in your Will.

Bank account trusts, pay-on-death accounts or Totten Trusts name specific beneficiaries who will receive the funds upon your death. These funds cab be left in your only if you first terminate the account.

Annuities are regular payments to a specific beneficiary. Many annuities terminate on the death of the beneficiary. Even if your annuity continues after your death, the subsequent beneficiary will be identified in the document that created the annuity and cannot be changed in your Will.

Property that is held in joint tenancy or tenancy by entirety cannot be transferred by Will since the share of the first tenant to die automatically goes to the surviving owner(s). The ownership document will state if the property is held in joint tenancy.

Securities can be held in transferable-on-death form. Beneficiaries named in the document receive the securities at the owner’s death. These cannot be transferred by Will.

» I have antiques and family heirlooms I want to leave to certain people. Can I do this in my Will?

Yes. You can leave these items as specific gifts of personal property either alone or in addition to a share of your estate.

» Who should I choose as the executor (personal representative) of my Will?

You should choose an individual that you trust and believe is capable of fulfilling the duties of executor. An executor has a great deal of responsibility with respect to the process by which your estate is dispersed. An executor is authorized to hire others to assist with issues involved in the dispersion of your estate.

» What happens if I have debts or owe taxes at death?

First, your debts and taxes are paid from your estate. The remaining portion of your estate is then divided according to your wishes in your Will.

» Can I include funeral wishes in my Will?

Yes. You will have the opportunity to express your funeral wishes in your Will.

» Can I choose to be an organ donor in my Will?

Yes. You will have the opportunity to express your wishes regarding organ donation in your Will.

» How do I sign my will?

You will be given detailed instructions on how to sign your Will and have it witnessed and notarized when you finish creating your Will.

» Where should I store my Will?

You should store your Will in a safe location such as a safe deposit box, personal safe or with other important personal documents. Do not place your Will where it cannot be found.

» How is a Living Will different from a Will?

A Living Will gives you the choice, in advance, to decide whether your life be artificially prolonged by extraordinary measures when there is no reasonable expectation of recovery from extreme physical or mental disability. In a Living Will, you can make a declaration of a desire for a natural death or you can choose to prolong life as long as possible.

A Living Will tells your friends and loved ones what you wish to happen if you are completely disabled and unable to make a decision regarding your life. A Living Will not only allows you to make the decision about how what sort of treatment will be used to prolong your life, it also frees your family from having to make that decision for you.

If you wish, you can create a Living Will with PrepareCase. You will be given several options about end-of-life decisions to choose from. At the end of this process, you will print and sign the Living Will before witnesses, along with your traditional Will.

» What is a Living Will?

A Living Will is a legally binding document created by an individual that specifies that person’s wishes regarding medical care and treatment if he or she becomes incapacitated.

» What is the importance of a Living Will?

A Living Will gives you the choice, in advance, to decide whether your life be artificially prolonged by extraordinary measures when there is no reasonable expectation of recovery from extreme physical or mental disability. In a Living Will, you can make a declaration of a desire for a natural death or you can choose to prolong life as long as possible.

A Living Will provides instruction for your friends and loved ones if you are completely disabled and unable to make a decision regarding your life. A Living Will not only allows you to make the decision concerning treatment to prolong your life, it relieves your family from having to make an extremely difficult decision for you.

» When does my Living Will become binding?

Your Living Will becomes binding when it is signed, witnessed and notarized according to the detailed instructions that we provide.

» What is a Durable Power of Attorney for Healthcare?

A Durable Power of Attorney for Healthcare is a legally binding document created by an individual that allows that person to designate someone to make healthcare decisions when that person is unable.

» What is the importance of a Durable Power of Attorney for Healthcare?

A Durable Power of Attorney for Healthcare gives you the choice, in advance, to designate someone you trust to make healthcare decisions when you are unable.

A Durable Power of Attorney for Healthcare relieves your family from having to make an extremely difficult decision for you.

» When does my Durable Power of Attorney for Healthcare become binding?

Your Durable Power of Attorney for Healthcare becomes binding when it is signed, witnessed and notarized according to the detailed instructions that we provide.

In your Will, you choose who you want to be your personal representative, so that your estate will be handled and distributed by someone you know and trust. In addition, you can leave funeral instructions to be followed after your death.

If you plan to marry or divorce in the near future, you should wait until the marriage or divorce is finalized before you create and sign your Will. A marriage or divorce may automatically revoke an otherwise valid Will.

» Does my spouse need a separate Will?

Yes. The standard practice is for each spouse to draft his or her own separate Will.

» What is a legal separation?

In legal separation, both spouses sign a separation agreement and no longer live together. The couple, however, is not actually divorced.

» What is a domestic partner?

A domestic partner is a same-sex or opposite-sex permanent partner with whom you share your household. A domestic partner does not have the same legal status as a married spouse. You may, however, provide for a domestic partner in your will as if he or she were your spouse.

» What is organ donation?

Organ and tissue donation is the removal of healthy tissue after death to be transplanted into a person whose organs or tissues are unhealthy or failing. Donation does not interfere with an open casket funeral. Organs and tissues are surgically removed and incisions are closed after removal. Medical suitability for donation is determined at the time of death.

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