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You can bequeath property, or transfer it upon death, by writing a will. In the will, you’ll name the beneficiary for your property, which is the person who will receive it when you die. Drafting a will is easy, and you can do it yourself. If you change your mind at some point in the future, you can change the beneficiary by drafting a codicil, which is an amendment to your will. However, some property isn't passed through a will, so you should leave it to your beneficiaries in an appropriate manner.
Steps
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Identify your beneficiaries. You can give specific pieces of property to specific people. For example, you might want to give your son your favorite antique car. You can bequeath the property by writing, “I leave to my brother, Karl, my 1966 Ford Mustang.”
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Name alternate beneficiaries. Your first pick might die before you, so you can name someone to inherit the property in their place. For example, you can leave your car to your brother but, if he dies before you, then your nephew will get the car. [1] X Research source
- Write in your will, “I leave to my brother, Karl, my 1966 Ford Mustang. If he does not survive me, I leave my 1966 Ford Mustang to my nephew, Isaac Jones.”
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Bequeath property to groups. You can give property to more than 1 person. For example, you might want to give property to all of your children or all of your grandchildren. You can write in your will, “I leave my 1966 Ford Mustang to my grandchildren who survive me, in equal shares.”
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Make bequests of money. You can give a bequest from a specific account. For example, you might give $5,000 to your sister from your checking account. However, if there’s no money in the account when you die, the money will come from your estate’s general assets. [2] X Research source
- To make the bequest in your will, you can write, “I bequeath $5,000 to my sister, Ella, to be paid out of the proceeds from the sale of my stock in Amazon, Inc.”
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Make a general bequest of money. With a general bequest, you don’t have to identify the specific account you pay from. For example, you can write in your will, “I leave $5,000 to my sister, Ella.” However, if the assets aren’t available or have been given away, this may not be an option. In certain cases, the personal representative might sell assets to come up with the money. Or, if there is a residual estate, general bequests can be fulfilled from the estate.
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Choose someone to receive the rest of your estate. You don’t have to name a beneficiary for every single thing you own. Instead, you can name a beneficiary for your “residuary estate.” This is everything you own that you haven’t given to a specific beneficiary. Your beneficiary will get what is left after your debts have been paid. [3] X Trustworthy Source National Paralegal College Law Shelf Online education resource from the National Paralegal College Go to source
- You can write something like the following in your will: “My residuary estate consists of all property I own at my death that is subject to this will and does not pass under a general or specific bequest, including all failed or lapsed gifts.” [4] X Research source
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Find will templates or request help from an attorney. You can find sample wills in books or online. Look for a will drafted specifically for your country or state. You’ll need something to use as a guide when you draft your own. [5] X Research source You might also use will writing software or online programs. These programs make writing a will easy.
- You could also seek help from a wills and trust attorney. Some lawyers who practice general law, probate law, property law, and elder law will also be able to help you draft a will.
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Pick a personal representative. This person will be responsible for guiding your estate through probate after you die. The personal representative (also called an executor) will need to collect all of your property, pay your debts, and distribute property to your beneficiaries. Choose someone you trust and who is responsible.
- Laws sometimes restrict who can serve as a personal representative. For example, many states prohibit someone with a felony conviction from serving. Generally, your personal representative must be at least 18 and be of sound mind. [6] X Research source
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Check if you can give the property away. Not all property can be left in a will, so find this out ahead of time. For example, you might live in a community (or marital) property state: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin.
- If you acquired the property during your marriage, you can only give away half. The other half belongs to your spouse. However, you can give away all of your separate property, which you acquired before marriage or received as a gift or inheritance. [7] X Research source
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Sign your will in front of the required number of witnesses. The laws in your jurisdiction will determine how many people need to witness you sign. In most U.S. states, you’ll need at least 2 witnesses, though some states require 3. [8] X Research source Choose witnesses who don’t receive anything in your will.
- Some states may also require your will to be notarized, meaning it must be signed in front of and stamped by a public notary.
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Add a self-proving affidavit. You might not die for decades. At that point, your witnesses might no longer be around to testify that the will is yours. Get around this problem by drafting a “self-proving affidavit” and having your witnesses sign it in front of a notary public. [9] X Research source
- Do some research online to find a self-proving affidavit that works for your state. In Florida, for example, the legislature has created an affidavit you can add to your will.
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Ask a lawyer to review your will. Every country or state law is a little different, so you want an attorney to review your will to make sure you have drafted it properly. Find a lawyer by contacting your nearest bar association and asking for a referral.
- Talk to your lawyer about alternative ways to leave property to your heirs. For example, if you have a disabled heir, you don’t want to leave property through a will. Instead, you’ll want a special needs trust. [10] X Research source Discuss your situation with the lawyer.
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Store your will safely. Put it somewhere that is safe but easy to find. You should also give a copy to your personal representative, who will be responsible for filing the will in probate court after you die.
- It’s up to you whether to tell your beneficiaries what they are receiving. You might not want any surprises, in which case you should tell them.
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Avoid writing on the will. Don’t change your will by crossing out words, tearing out pages, or writing all over the will. Instead, change your will by writing a “codicil,” which, depending on the jurisdiction, is either an amendment or an alternative. Check your local legislature to find out if you can amend your will with a codicil, or if you will need to rewrite it.
- Rewriting the entire will is a good option if you used will writing software or an online program. Just include a paragraph stating that you are revoking your prior will. [11] X Research source
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Identify what you want to change. You might want to change the beneficiary who receives a piece of property. Take out your will and find the provision you want to change. Depending on the jurisdiction, you may be able to write a codicil if you’ve acquired new property you want to leave to someone.
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Format your codicil. You can easily change your will by attaching a codicil. Format the document in the same way you formatted your will. Include the following information:
- Title. Mention the name and date of your will. For example, your title might read, “Codicil to Last Will and Testament of Jill R. Jones dated March 1, 1978.”
- Opening paragraph. Write something like, “I, Jill R. Jones, of DuPage County, Illinois, being of sound mind, declare that this Codicil to the Last Will and Testament of Jill R. Jones is effective as of this date, and amends my Last Will and Testament dated March 1, 1978 as follows….” [12] X Research source
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State what you are changing. Find the paragraph you want to change. You’ll need to mention it in the codicil. For example, if you want to change the beneficiary of your stamp collection, find the paragraph in your will that includes that bequest. [13] X Research source
- Write something like the following: “Paragraph Seven of my Last Will and Testament is hereby amended to read as follows: Paragraph Seven. I leave my stamp collection to Evan Westlake.”
- If you’re adding a paragraph, you can write in your codicil, “My Last Will and Testament is hereby amended to add the following as Paragraph Nine: Paragraph Nine. I hereby leave my diamond bracelet to my daughter, Karen Little.”
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Republish your will. When you’ve made all of your changes, remember to state that you are republishing your will. Also state that your codicil will pre-empt your will if there’s any contradictions between the two documents. [14] X Research source
- For example, you can write in your codicil, “Should this Codicil contradict the terms of my Last Will and Testament dated March 1, 1978, the terms of this Codicil shall control. In all other respects, I reaffirm and republish my Last Will and Testament dated March 1, 1978.”
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Sign your codicil. Remember to follow the same formalities you followed when drafting your original will. For example, have the same number of people sign as witnesses. Also make sure the witnesses don’t receive anything under the codicil or will. [15] X Research source
- You could also draft a self-proving affidavit for the codicil.
- Attach the codicil to your will. Also give your personal representative a copy of the codicil.
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Designate a beneficiary on life insurance policies. You don’t name a life insurance beneficiary in your will. Instead, you name the beneficiary on the policy. If you want to change the beneficiary, contact your life insurance company and ask how. [16] X Research source
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Name a beneficiary to your retirement account. As with life insurance, you name beneficiaries on your retirement account or pension, not through your will. Contact the companies you have your accounts with to change the beneficiary. [17] X Research source
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Create a joint tenancy in your home. You can leave your home to your spouse using a joint tenancy with right of survivorship. On the deed, you’ll need to use the language "as joint tenants with right of survivorship.” [18] X Research source
- Both spouses own equal shares in the home while alive. However, when one dies, the survivor will take the entire house. [19] X Research source
- Consult with your attorney for help with this complicated issue.
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Sign a revocable transfer on death deed. Some states allow you to bypass probate if you sign this type of deed. [20] X Research source The beneficiary has no rights in your property until you die, and you can change your mind at any time before you die.
- If you use this type of deed, make sure your will doesn’t bequeath the property to someone else. A title insurance company might not issue title insurance if the deed and will disagree.
- If you change your mind, you need to revoke the deed with an instrument of revocation. You can’t revoke the deed with your will.
- It’s a good idea to speak to your lawyer about a revocable transfer deed. They can help make sure you file this type of paperwork correctly.
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Consider creating a life estate. You can also give your home to someone while you are living. You'll create a life estate deed, which allows you to occupy and use the home during your lifetime. At your death, full ownership passes to the person you named as the remainderman on the deed. [21] X Research source
- A life estate deed can be revocable, which means you can change your mind during your life. Alternately, you can make it irrevocable, which means you'll need the remainderman's permission to sell the house.
- Consult with an attorney if you are interested in creating a life estate. A qualified attorney can advise you and draft the appropriate documents.
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Expert Q&A
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QuestionWhat happens if you don't write a will?Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.If you die without a will, it means you have died “intestate.” When this happens, the intestacy laws of the state where you reside will determine how your property is distributed upon your death. The laws of intestate succession will apply. Do an Internet search to learn more about the laws in your area.
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References
- ↑ https://www.nolo.com/legal-encyclopedia/why-naming-alternate-beneficiaries-your-will-is-so-important.html
- ↑ https://www.lawshelf.com/courseware/entry/types-of-testamentary-bequests
- ↑ https://nationalparalegal.edu/willsTrustsEstates_Public/ConstructionofWills/TestamentaryBequests.asp
- ↑ https://www.nolo.com/legal-encyclopedia/sample-will.html
- ↑ https://www.nolo.com/legal-encyclopedia/how-write-will.html
- ↑ https://www.nolo.com/legal-encyclopedia/maryland-restrictions-who-can-serve-executor.html
- ↑ https://www.nolo.com/legal-encyclopedia/separate-community-property-during-marriage-29921.html
- ↑ https://www.nolo.com/legal-encyclopedia/how-write-will.html
- ↑ https://www.nolo.com/legal-encyclopedia/how-write-will.html
- ↑ https://www.nolo.com/legal-encyclopedia/special-needs-trusts-30315.html
- ↑ https://www.findlaw.com/forms/resources/estate-planning/last-will-and-testament/changing-a-will.html
- ↑ https://www.legalzoom.com/articles/how-to-write-a-codicil-to-a-will
- ↑ https://www.legalzoom.com/articles/how-to-write-a-codicil-to-a-will
- ↑ https://www.legalzoom.com/articles/how-to-write-a-codicil-to-a-will
- ↑ https://www.legalzoom.com/articles/how-to-write-a-codicil-to-a-will
- ↑ https://law.freeadvice.com/estate_planning/wills/life_insurance_beneficiaries.htm
- ↑ https://law.freeadvice.com/estate_planning/wills/life_insurance_beneficiaries.htm
- ↑ https://www.nolo.com/legal-encyclopedia/how-take-title-joint-tenancy.html
- ↑ https://www.findlaw.com/estate/planning-an-estate/whats-the-difference-between-joint-tenants-with-survivorship-and-.html
- ↑ https://www.latimes.com/business/la-fi-montalk-20161127-story.html
- ↑ https://www.baltimoresun.com/news/bs-xpm-2005-02-13-0502110083-story.html
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