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10. The main rules of will-making in the USA

No state requires specific language to make a will. The best wills are those that clearly reflect the wishes of the will maker. So what you include in your will depends on what you want your will to do for you. Most people use a will to distribute their property after they die. A will can also:

Name your executor.

Name guardians for young children and their property.

State how to pay debts and taxes.

Provide for pets.

Serve as a backup for a living trust.

Here are some things that you shouldn‘t try to do in your will:

Put conditions on your gifts. (I give my house to Susan if she finishes college.)

Leave instructions for final arrangements.

Leave property for your pet.

Make arrangements for money or property will be left another way. (Property in a trust or property for which you‘ve named a pay-on-death beneficiary.)

Making Your Will Legal

After you use a will template to write your will, you‘ll need to do a few things to make it legal:

Sign your will.

Have two witnesses sign your will.

In most states, have a notary sign a self-proving affidavit – this is optional.

Your witnesses do not need to know what‘s in your will. Simply gather them around, say ‗this is my will‘ and have them sign. Wills do not need to be signed by a notary public to be legal and binding. However, in most states you can also attach a self-proving affidavit and those must be signed by a notary public. Self-proving affidavits don‘t affect the legality of your will, but they do make your will easier to probate after your death.

When you make a will, you should include the state of your legal residence, sometimes called a domicile. This is the state where you make your home now and for the indefinite future. This information is vital for a number of willmaking reasons.

Your state‘s laws affect: marital property ownership; property management options for young beneficiaries; how your will can be admitted into probate, and whether your property will be subject to state inheritance or estate tax.

If you live in two or more states during the year and have business relationships in both, you may not be sure which state is your legal residence.

Choose the state where you are the most rooted—that is, the state in which you:

are registered to vote

register your motor vehicles

own valuable property—especially property with a title document, such as a house or car

have checking, savings and other investment accounts, and

maintain a business.

It is important for you to make a will because if you do not, and die without a will, the law on intestacy decides what happens to your property. A will can ensure that proper arrangements are made for your dependants and that your property is distributed in the way you wish after you die, subject to certain rights of spouses/civil partners and children.