Why is a Last Will & Testament Important?
A Last Will & Testament allows you to give instructions on who will get your property after your death, appoint the person who will administer your estate, and appoint a guardian for any minor children you may have. If you die without a valid Will, your property will instead be distributed by a court-appointed administrator according to a pre-determined formula (defined in state/province law). Without a Will, you would not be able to give your property to a non-relative or to exclude relatives. If you have no Will and there are no relatives at the time of your death, your property will go to the state/province.
Can I give away all of my property in a will?
You can give away most, but not all, of your property in a Last Will. Typically the following cannot be given away in a Will:
- Life insurance
- 401(k) plan assets
- Pension plan assets
- Retirement plan assets
- Annuities
- Property held in a trust
- Matrimonial home held jointly
Who should I name as a guardian for my children?
When choosing a guardian you should consider the following questions:
- Is the guardian of legal age? Your proposed guardian must be an adult.
- Is the guardian genuinely concerned for you child's welfare?
- Does the proposed guardian have the time and ability to care for my child?
- Is my child comfortable around the proposed guardian?
- Where does the proposed guardian live? Will my child be able to adapt to the area and lifestyle?
Can I make a gift to charity in my will?
Yes, you can make a gift to a charitable organization in your Will. Our questionnaire will help you accurately designate your gift to ensure that your contribution will be properly disbursed.
What is the difference between a Last Will and a Living Will?
A Last Will is used to distribute your property after your death and cannot be used to specify what type of medical treatment you want. In contrast, a Living Will (aka a Health Care Directive) allows you to specify your preferences for health care when you are no longer capable of giving consent yourself.