It's a hard conversation to have, but it's important: Are you prepared to die?
If you haven't written or updated your will in a while, here are some things you need to include.
"It's easy to put this off until it's too late," said Patrick Hicks, head of legal at Trust & Will. "Look at this not as saying goodbye or reaching an end, but this is instead a way for you to plan a legacy."
So who should have one? Hicks says every adult should have one.
"It's that simple," said Hicks. "Every adult should make a will."
How do you start?
- If you have kids, who will take care of them? Make sure you know what will happen to them.
- What happens to your assets? This could be property, financial accounts, even things you have in your home.
- What happens to you? If you have a vision for a certain ceremony or funeral, here's where to put it in writing.
Writing wills can be incredibly easy. Hicks says there are a plethora of templates and self-help resources you can find online to get started.
California
"For many people, the choice between not having a will or having one you've written yourself, it's worth it to write a will yourself," said Hicks.
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Now if you have a lot of belongings or accounts, then it might be worth it to look to an attorney. That's because it may make sense to create a living trust.
"If your assets are over just a few hundred thousand dollars, having a living trust is almost essential to ensure your estate is administered officially," said Hicks.
And there are a few final steps to make sure it is legally binding.
- Sign it in person. Digitally signed wills are not accepted
- Get two witnesses. Two people who won't benefit from your death need to sign as well after witnessing you signing it.
"Anybody that you know, friends can be witnesses or even strangers on the street can be witnesses," said Hicks. "As long as they're not named in the will."
You do not need to have it notarized. Hicks says in some states there are legal protections or benefits to seeing a notary, but not in California.
Finally, make sure someone knows where your will is, otherwise it will be like you never wrote one.
"No one wants to die without a will, but many people put off the process," said Hicks. "Unfortunately you don't know when is your last opportunity."
