Simple forms that protect and save money for you and your family. Admit it. You have been thinking about getting together all the documents you need to protect yourself and your family should something unexpected happen. But the thought of the time it would take and the amount of work involved has just seemed like too much. Not anymore.

The Easy Will and Living Will Kit provides all the documents you need in one place. In just minutes, you can follow the simple steps it takes to prepare your will, living will and powers of attorney. Begin by choosing the will form that is right for you.

Every form is ready-to-use and modifiable for your needs.

*The CD-ROM is not included with the digital version of this book.

What You Need to Know about Wills

Excerpted from Easy Will and Living Will Kit by Joy S. Chambers ©2005

The first thing you should know about Wills is that every adult should have one. A carefully considered, up-to-date, legally valid Will that accurately reflects your wishes gives you a greater sense of control over your life.

What is a Will?
Basically, a Will is a legal document that provides for the disposition of your property after your death. In it, you name an executor to see that your wishes are carried out, under the guidance of the court. You also designate beneficiaries, the people to whom you wish to leave your property. While you may think of property as real estate, the term encompasses all your possessions—bank accounts, investments, home, car, recreational equipment and vehicles, books, jewelry, and more. The sum of your property and your money is considered your estate.

No Will
If you die intestate (without a Will), your wishes may not be honored. In fact, they may not be known or understood. Nearly everyone has heard of at least one instance in which the absence of a Will caused great distress among family members. This may not be due to greed, but to varying interpretations of what you would want, sincerely put forth by your loved ones. Among people in the throes of grief, small differences can rapidly escalate into major rifts.

If you die without a Will, a judge will appoint an administrator (rather than an executor you would choose) and your property will be distributed according to your state’s laws of intestate succession. The process may cost considerable money and time, not to mention the emotional havoc wreaked on your survivors. You may have shared your intentions with your loved ones, but only a valid Will can assure that those intentions become reality in probate court. Finally, if you die without any relatives that can be located, your estate will go to the state.

Your Will and Probate
On the other hand, if you have a valid Will (testate), the person you have named as executor will be responsible for settling your affairs and distributing your property to the beneficiaries you have named. You can be assured that your wishes are honored without more stress and strain on your loved ones.

Your property, however, will not automatically pass to your beneficiaries at your death. First, your Will must be probated, a legal procedure that takes time. Upon your death, the person you have named your executor is responsible for going to court to begin the probate process. The court verifies that your Will is valid, including verification of witnesses to the signing of your Will. Once your Will is proven to be valid, the court-supervised process of transferring your property to your beneficiaries begins.

Your choice of an executor is critical. This should be someone you trust implicitly to carry out the provisions of your Will in a professional manner. Many people name a spouse or adult child. It is perfectly legal for someone who will benefit from your Will to serve as executor. In fact, someone with a financial interest may be especially conscientious. In any case, an executor performs his or her duties under the supervision of the court.

Before naming an executor, be sure to discuss it with the person you are considering, as it is a serious commitment. If no one comes immediately to mind, think carefully about any relatives or close friends that you consider reliable. A bank or trust company is a possibility, but modest estates may not be a priority for them and the fees may be considerable.

 

How to Use the CD-ROM Using Self-Help Law Books Introduction Frequently Asked Questions Chapter 1: What You Need to Know about Wills Chapter 2: Your Simple Will Chapter 3: The Self-Proving Affidavit Chapter 4: Your Health Care Advance Directive (Living Will)Chapter 5: Your Power of Attorney for Finances Chapter 6: Preparing and Signing Your Final Documents Chapter 7: Storing, Revoking, or Changing Your Will Glossary Appendix: Blank Forms Index About the Author
*The CD-ROM is not included with the digital version of this book.

Joy S. Chambers has practiced law for nearly three decades in Metropolitan Washington, D.C. For the past twenty-five years, she has had a successful private practice in historic Old Town Alexandria, VA, specializing in wills, trusts, and estates. Her interest in this field has expanded to include a broad spectrum of social issues facing older Americans. Ms. Chambers, who is trained in psychiatry as well as law, is particularly interested in how the mind ages, and specializes in assisting clients in planning for potential disabilities by using available legal tools.

Ms. Chambers is committed to educating the public about the issues she sees in her daily practice, seeing her advocacy and outreach as a logical extension of her practice. She produces and hosts a weekly cable television program, “Maturity,” which explores issues of interest to seniors. Her column, “Maturity Watch,” appears regularly in the Alexandria Gazette. She is a frequent contributor to other publications with senior audiences, including the AARP Bulletin and McGraw-Hill’s Elder Care/Law, and has appeared on CNN and MSNBC.

Since establishing her practice, Ms. Chambers has been an enthusiastic educator of law students at local universities. As Adjunct Professor at the George Washington University Law School, she has designed and taught an innovative course, Law and Psychiatry, which utilized films concerned with mental illness as a springboard for discussions. Recently, Ms. Chambers extended her academic activities into the international arena, teaching a two-week course in American inheritance and disability planning law at the National University Law School in Bangalore, India—thus offering members of another culture the opportunity to learn aspects of this country’s legal system. She has been invited to teach similar courses at other Indian universities in late 2005 and early 2006.

Ms. Chambers has advanced elder concerns in a variety of civic capacities. She was appointed by the governor of Virginia to the Joint Legislative Subcommittee on Legal Guardianship, and frequently advises state legislators on probate and related concerns. A member of the Virginia and District of Columbia Bar Associations, she has served on various committees making recommendations about legal issues. She has served on the Executive Committee of the Alexandria Commission of Aging and is a former Vice President of the Northern Virginia Estate Planning Council.

Ms. Chambers earned her JD degree at the George Washington University Law School, with additional studies at the University of London prior to practicing law. She has been a visiting researcher at Harvard Law and Medical Schools, and is currently pursuing studies in Islamic law and international relations at the Johns Hopkins School of International Affairs. Most recently, Ms. Chambers has been named a Senior Specialist for the Fulbright Program.
Ms. Chambers is a native of Mobile, Alabama.

 

Easy Will and Living Will Kit by Joy Chambers
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