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A Wyoming Last Will and Testament is a legal document that allows a person, known as the Testator, to pass their physical and digital assets to their family, friends, and charities when they die. It also allows the Testator to name a guardian for their minor children and to establish a pet trust. The State of Wyoming requires the Testator sign the document in the presence of two witnesses. Those witnesses must also sign the will. The purpose of witness signatures is to help ensure that the Testator created their will because they chose to do so as opposed to being forced or influenced to do so. After the will is executed, it should be stored in a safe location, such as with the Testator’s attorney or with the named executor.
Definition of Will - § 2-1-301(xxxiv)
Laws - Title 2 (Wills. Descendants’ Estates, and Probate Codes)
Witnesses - According to §2-6-112, the Will must be signed by two (2) witnesses.
Step 1 - Using the template provided by FormSwift, enter your legal name and by your gender.
Step 2 - Provide your city and county of residence.
Step 3 - Specify your marital status from one of the following choices:
If you are married or separated, provide the name of your spouse.
Step 4 - If you have children, pets, property, or life insurance policies, provide that information here.
Step 5 - First, enter your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. Next, list the names of pets. Finally, include information about any life insurance policies you own.
Step 6 - Enter the amount of money or percentage of your property you’d like to leave each child.
Step 7 - If you’d like to set up a trust for a person who is mentally ill or a person with a disability of some kind, specify that during this step. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent interference with their ability to receive Supplemental Security Income and Medicaid benefits.
Step 8 - Start this step by entering the age that your children must be in order to start receiving benefits from their trust. Next, enter how much of the trust will be received. Finally, enter the age they will be when the benefits end.
Step 9 - If there is a specific funeral home you’d like your body taken to, enter that information during this step.
Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.
Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. If you do not name an Executor, the Wyoming probate court will name one, and it may not be someone you wanted. Provide the following information to name an Executor:
Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.
Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you die. You might also want to consider appointing an alternate Trustee. If your assets are in a trust, provide the following information for the Trustee and the alternate Trustee:
Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, and other digital belongings. If you have digital assets and wish to appoint a Digital Executor, provide the following information:
Step 14 - Guardian for Your Minor Children - If you currently have minor children, this step allows you to name a guardian. If you do not name a guardian, the probate court will name one, and it may not be someone you want raising your children. You may also want to name an alternate guardian or conservator. Provide the following information for the guardian, alternate guardian, and/or conservator:
Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:
Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:
Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:
When it is time for you to sign your will, your two witnesses must also be present and ready to sign. Once the will is signed, keep it someplace that is safe and easy to get to, such as with your executor or with a trusted family member.
Creating a legal last will and testament in the State of Wyoming is a crucial step in the estate planning process. When creating a will, you can name an executor who will be responsible for carrying out the directions in your will. Your will can include distribution of all of your assets including real estate, personal property, vehicles, jewelry, and any other personal effects and digital assets. When you use a will, you can leave your assets to anyone you’d like. You can also name a guardian for minor children, create a pet trust to care for your pets, and make one time or on-going charitable donations.
According to Wyoming law, a last will and testament is not legally required. Yet, there are many advantages to having one.
Without a will in the state of Wyoming, intestacy laws become enacted. This means that the Wyoming probate courts would follow the law to determine how your assets would be distributed and who would be appointed to care for your minor children. Their decisions may not be in line with your desires. If someone dies without a will in Wyoming, a surviving spouse will inherit the entire estate. If there are children from a different relationship, the surviving spouse and those children would split the estate. If there is no surviving spouse or children, the courts will determine the next closest relative to inherit the estate. If no relative can be located, the State of Wyoming becomes the beneficiary and absorbs the assets.
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