A Last Will and Testament is a legal document that legally declares what a Testator’s (the person creating the Will) wishes are in terms of distributing his or her assets once he or she passes away. As long as it is notarized and signed by two witnesses, a Last Will and Testament is legally recognized by the state and can be upheld in court if any disagreements occur.
Definition of Will - §472.010
Laws - Chapter 474: Probate Code - Intestate Succession and Wills
Witnesses - According to §474.320, the Will must be signed by two (2) witnesses.
Step 1 - Using the provided FormSwift Template, provide the following information:
Step 2 - Specify your marital status:
State whether or not your spouse will be named as a beneficiary.
Step 3 - Specify if the Grantor has any children, along with pets, property, or life insurance.
Step 4 - Describe the names of the children, whether they are deceased or living, and whether or not they will be named as beneficiaries. In addition list the names of pets, and information about any life insurance.
Step 5 - If you have any children, specify the property you would like to leave each child, as well as the percentage of your assets to be inherited.
Step 6 - Specify whether or not you’d like to put someone's inheritance in a Trust. This can prevent eligibility issues if someone receives government aid, such as Medicaid or Supplemental Security.
Step 7 - Specify the age that children will be when they will start receiving benefits from their trust, as well as what portion or percentage will be received. Additionally, state when these benefits will come to an end.
Step 8 - Provide the name and address to the funeral home you’ve made arrangements with.
Step 9 - Provide any specific wishes that you wish to express in regards to the meal after your funeral service.
Step 10 - Name your Executor - This is an important step, as neglecting to name an Executor may cause the court to appoint one for you. Provide the following of your Executor:
Also in this section, state whether or not you’d like to name an Alternate Executor in case your primary Executor is unavailable or unable to execute your Will.
Step 11 - Appointing a Trustee - If your assets are set up in a Trust, you’ll need to appoint someone who will be responsible for distributing the assets out of your Trust. Provide the following of your Trustee:
Step 12 - Digital Executor - If you have digital assets, like copyrights, trademarks, valuable photos, royalties, etc., you’ll need to appoint a Digital Executor. This can be the same person appointed as your Executor, or someone entirely different.
Step 13 - Guardian for Minor Children - If you have children that are minors, appoint someone to act as their Guardian by naming them below:
Step 14 - Naming Additional Beneficiaries - If you wish to appoint additional beneficiaries, provide the following information or each beneficiary:
Step 15 - Disinheriting someone - If there is a person who you no longer wish to receive your assets, put their information below:
Step 16 - Witnesses - Provide the name, address, and contact information for each of your witnesses.