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    Simple Will Creator: Legal Self-Help Guide
    Simple Will Creator: Legal Self-Help Guide
    Simple Will Creator: Legal Self-Help Guide
    Ebook210 pages2 hours

    Simple Will Creator: Legal Self-Help Guide

    By Sanket Mistry

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    About this ebook

    Are you apprehensive about making a legal document on your own? Does the thought of your own death fill you with unhappy thoughts? Are you afraid of doing something wrong and your will won't be a legal document? Do you think that a will is only for super wealthy people? These are all very common thoughts, and are, generally, untrue. Simple Will Creator allows you to create your own will.

    You'll discover how to:
    control how your property will be legally disturbed when you die,
    name someone with the legal authority to follow and fulfill your wishes in your will,
    make sure that your estate does not overpay on inheritance taxes,
    gain some peace of mind to know that you have made dealing with your death, a little easier for your loved ones.
    ensure your possessions will be distributed as you wish,
    reduce the potential family conflicts,
    and much more.
    In a will, you can decide what will happen to your house, bank accounts, and other property after you die. You can make sure that your spouse, children, or other family members are taken care of. Most people know what a will is, generally, and know that they should have one. With the right information and good judgment, most people can create their own legal will. If you picked up this book, you want to prepare a simple will yourself or you want to learn more about wills so that you can successfully communicate your specific needs to an attorney. This book helps you to do all of these things.

    LanguageEnglish
    PublisherSanket Mistry
    Release dateMay 29, 2014
    ISBN9781940788081
    Simple Will Creator: Legal Self-Help Guide
    Author

    Sanket Mistry

    Sanket Mistry earned his JD from the Walter F. George School of Law at Mercer University. He is a member of the New York State Bar and author of several books in the Legal Self-Help Guide series. He has worked, and volunteered, at a number of nonprofits, government agencies, and for-profit corporations. He also holds a BA in philosophy from Emory University and an MIA from Columbia University.

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      Book preview

      Simple Will Creator - Sanket Mistry

      Legal Self-Help Guide

      Simple Will Creator

      Sanket Mistry, JD, MIA, edited by J.T. Levine, JD, MFA

      ~~~

      Peerless Legal

      Copyright © 2014 by Sanket Mistry

      All rights reserved. No part of this publication may be reproduced, scanned, stored in a retrieval system now known or to be invented, transmitted, or distributed in any form, printed, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of the publisher, except by a reviewer who wishes to quote brief passages of text only in connection with a review written for inclusion in a magazine, newspaper, or broadcast. Please do not participate in or encourage piracy of copyrighted materials in violation of the author’s rights. Purchase only authorized editions.

      Smashwords Edition

      This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each recipient. If you’re reading this book and did not purchase it, or it was not purchased for your use only, then please purchase your own copy. Thank you for respecting the hard work of this author.

      Mistry, Sanket Simple Will Creator: Legal Self-Help Guide First Edition Peerless Legal | Roanoke, Virginia | www.PeerlessLegal.com™ and Peerless Legal are trademarks of PeerlessLegal.com.

      Peerless Legal books are available for special promotions. For details, contact Peerless Legal by email at sales@peerlesslegal.com, or visit www.PeerlessLegal.com.

      While the author has made every effort to provide accurate telephone numbers and internet addresses at the time of publication, neither the publisher nor author assume any responsibility for errors or changes that occur after publication. The publisher does not have any control over, and does not assume any responsibility for, author or third-party websites or their content.

      This publication is designed to provide accurate and authoritative information in regard to the subject matters covered. It is sold with the understanding that the publisher and author are not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

      From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers

      THIS PRODUCT IS NOT A SUBSITUTE FOR LEGAL ADVICE.

      Disclaimer required by Texas statutes.

      DISCLAIMER

      Laws change constantly. Every effort has been made to provide the most up-to-date information. However, the author, publisher, and any and all persons or entities involved in any way in the preparation, publication, sale, or distribution of this publication disclaim any and all representations or warranties, express or implied, about the outcome or methods of use of this publication, and assume no liability for claims, losses, or damages arising from the use or misuse of this publication. All responsibilities for legal effects or consequences of any document prepared from, or action taken in reliance upon information contained in this publication are disclaimed. The reader should not rely on this author or this publisher for any professional advice. Users of this publication intending to use this publication for preparation of legal documents are advised to check specifically on the current, applicable laws in any jurisdiction in which they intend the documents to be effective. Make sure you are using the most recent edition.

      Is This Legal Self-Help Guide for You?

      The Peerless Legal mission is to empower individuals by giving them legal self-help tools. The Legal Self-Help Guide series was created as the embodiment of that mission.

      The goal of this Guide is to provide you with the information you need to understand your legal rights and responsibilities. In doing so, we hope you will be able to resolve your legal issues yourself or know enough to feel confident in your decision to hire a licensed attorney. This Guide provides a meaningful alternative to most of the books in law libraries. Peerless Legal’s goal is for you to be able to understand this material.

      You are not alone in choosing self-help. Everyone faces legal issues at some point in their life. While most of us have the capacity to understand our legal rights and responsibilities, finding good legal information can be daunting. As the costs associated with legal representation rise, more and more people are opting to take certain legal matters into their own hands.

      In this Guide, Peerless Legal provides you with meaningful alternatives to costly legal representation for legal issues you can handle yourself. This Guide is a plain-English alternative to the legal jargon that fills most legal books.

      This book is for you if:

      • you want to handle your own legal issues,

      • you are not sure whether the legal issue you are facing merits the high cost of an attorney,

      • you are in the process of looking for competent, legal representation, but are unsure how to evaluate legal services,

      • you have retained an attorney and are unsure whether your attorney is competently handling your legal issues,

      • or you want to know more about a specific legal topic.

      It is important to manage expectations when acting on your own behalf or with an attorney. The forms in this book may differ from the forms that are commonly used in your local jurisdiction. You can check local rules by going to the court’s website, making a phone call to the office of the clerk of court, or by visiting a local law school library. Generally, law school libraries serve as Federal repositories and are open to the public during normal business hours.

      **Warning** There are some legal issues that seem simple and straight forward, but in reality only an attorney with extensive experience on the issue would know there is an inner-tangling.**

      Dedication

      For my parents who taught me love and how to strive for the best, even when the best was difficult.

      Acknowledgments

      This book has been nothing short of a group effort. In addition to the above named dedication, I would like to thank most J.T. Levine for her gift of editing.

      About the Author

      Sanket Mistry earned his JD from the Walter F. George School of Law at Mercer University. He is a member of the New York State Bar and author of several books in the Legal Self-Help Guide series. He has worked, and volunteered, at a number of nonprofits, government agencies, and for-profit corporations. He also holds a BA in philosophy from Emory University and an MIA from Columbia University. He is an avid traveler and tennis player.

      About the Editor

      J.T. Levine earned her JD from the Walter F. George School of Law at Mercer University. She has edited several books for Peerless Legal. She is a member of the Georgia Bar. Prior to law school, she earned an MFA in Professional Writing from the Savannah College of Art and Design and a BA from the University of Miami. She is an animal lover and has a pharaoh hound named Tut.

      Table of Contents

      About the Author

      About the Editor

      I. INTRODUCTION

      II. WILLS

      1. Introduction to Creating Your Own Will

      2. Basics—Functions and Uses of Wills

      A. What Is a Will?

      B. Who Can Create a Will?

      a) Legal Age

      b) Sound Mind

      C. How to Create a Will?

      D. What Makes a Will Valid?

      E. What a Will Can Do for You

      F. What a Will Cannot Do for You

      G. Effects of Marital Status on Your Will

      H. How to Change an Existing Will

      I. Handwritten Wills

      J. Simultaneous Death

      K. Dying Without a Will

      L. Taxes

      a) Federal Taxes

      b) State Taxes

      M. Probate Court

      a) What Property Goes Through Probate?

      b) How to Avoid Probate Court

      N. Next Steps to Creating Your Will

      3. Identifying the People in Your Will

      A. People in Your Will are Beneficiaries

      a) Primary Beneficiaries

      b) Alternate Beneficiaries

      c) Residuary Beneficiaries

      d) Alternate Residuary Beneficiaries

      B. Charitable Organizations and the Government as Beneficiaries

      C. Naming Shared Beneficiaries

      D. Who Cannot Be a Beneficiary

      E. Disinheriting Spouses, Children, and Others

      F. What Happens If the Beneficiary Rejects the Property?

      G. Guardians for Minor Child(ren)

      H. Witnesses

      I. Executor

      J. Next Steps to Creating Your Will

      4. Identifying the Property in Your Will

      A. What Property Can Be Distributed by Will?

      B. What Property Cannot Be Distributed by Will?

      C. How Can Property Be Owned?

      a) Solely Owned Property

      b) Jointly Held Property

      i. Tenancy in Common

      ii. Joint Tenancy with Rights of Survivorship

      iii. Tenancy by the Entirety

      c) Special Considerations for Marital Property

      i. How Can Marital Property Be Owned?

      1. Community Property States

      2. Common Law Property States

      ii. Spousal Shares

      iii. Avoiding Spousal Shares

      D. Rules Governing Your Primary Home

      E. Bank Accounts

      F. Life Insurance

      G. Property of Minor Children

      H. Debt on the Property in the Will

      I. Gifts

      J. Retirement Accounts and Pensions

      K. Next Steps to Creating Your Will

      5. Identifying Other Things to Include with Your Will

      A. Estate Records Organizer

      B. Medical/End of Life Decisions

      a) Living Will

      b) Healthcare Power of Attorney

      c) Organ, Tissue, and Body Donation

      C. Financial Durable Power of Attorney

      D. Limited Minor Child Care Power of Attorney

      E. Social Security

      F. Death Certificates

      G. Self-Proving Affidavits

      H. Ethical Will

      I. Explanation Letters

      J. Inform the World of Your Death

      a) Funeral,

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