Making a will is a good news / bad news proposition. So let’s get the worst news out of the way first: WE’RE ALL GOING TO DIE.
I know, I know, I hate to break this devastating news, but until science figures out how to reanimate Walt Disney’s cryogenically frozen corpse, we’re stuck with death. But there’s a silver lining! When Disney died in 1966, allegedly opting to be frozen for future use, the average life expectancy was age 65. Today, people can realistically expect to live into their late 70s, and for many people, into their 80s and even 90s.
But wait, don’t shut your computer and go skydiving just yet! Just because we have great expectations of living into our 80s doesn’t mean that you’re off the hook in making a will right now. Nobody should go through life without a plan for what happens when they die. But we all know that lots of people don’t make a will because it seems complicated, stressful, and expensive.
Well here’s some more good news: that’s a myth! If you’re utilizing all of the tools that modern technology has to offer, making a will isn’t hard, doesn’t need to stress you out, and it certainly shouldn’t cost you thousands of dollars. (Unless of course, you’re Jeff Bezos, owner of Amazon. If you happen to be the world’s richest man, making a will is probably going to be a complicated process that costs you lots of money.)
Assuming you aren’t the chieftain of the world’s biggest online marketplace, making a will is a snap. It doesn’t start with you researching the laws of your state to figure out how to make a will – that’s what lawyers and lawyer-trained AI machines are for! No, the best way for you to make your own will is to prepare all the information you need ahead of time and think about what you really want.
Here’s how you get started with your FastWill document.
Step 1. Name a Guardian if You Have Minor Children
If you have children who are under age 18, the most important thing to do is figure out who you want to be their legal guardian if you pass away before they become adults. Most of the time, people pick their child’s other parent, but that doesn’t apply to everyone. Some of you are already single parents. Some of you are already widowed. And you should always consider the possibility that your spouse won’t outlive you, leaving your minor children in need of a reliable guardian. Although that’s unlikely to happen, a will is the place to plan for worst-case scenarios. If you have minor children, spend some time thinking about who you would trust to raise them.
Step 2. Inventory Your Assets
The next step is to take an inventory of all of your assets, including real estate, personal property, accounts, storage units, safe deposit boxes, photos, and intangible assets (such as cryptocurrency, NFTs, copyright, and trademark interests). This step is essential so that when you’re ready to draft your AI-assisted will, you can easily identify the property that should be included.
Step 3. Make Note of Business Interests
If you own your own business or are an investor in a business, then it’s important that you look at the company’s governing documents to make sure you know how succession of the business will be handled. If you haven’t decided on a succession plan, now is a good time to make one. Although business interests can be included in a will, it’s usually not a good idea. For more about why a business should not be included in your will, check out our article on Things That Should Never Be Included in Your Will.
Step 4. Take Stock of Insurance Policies, Investment Accounts and Other Interests That Don’t Pass by Will
Some of your assets do not get distributed by your will. Instead, they go directly to the beneficiaries that you named on the documentation. These assets include life insurance policies, retirement plans like 401(k) and IRAs, annuities, payable on death (POD) bank accounts, and property that has joint tenancy with rights of survivorship. Since you’re already writing your will, now is a good time to review these policies to make sure the beneficiary designations are up to date with your preferences.
Step 5. Identify Your Debts
Do you have any loans, mortgages, credit cards, or other debts? Generally, any unpaid debts will be owed by your estate at your death. Your heirs are usually not personally responsible for your debts unless it is a shared debt, like a car loan.
Step 6. Make a List of Personal Items
Do you intend to give personal items to specific people? If so, then make your wishes known in your will. If you have heirlooms, photographs, art, collectibles, antiques, or any other item that has meaning to you, you can gift those items to beneficiaries in your will.
Step 7. Decide Who You Want to Handle the Rest of Your Property
All wills have a residuary clause covering anything that was not left to a beneficiary. This clause includes all items that you did not specifically name and everything you overlooked or forgot about. You can name a person to handle the distribution of things not specified in your will. Alternatively, you can leave this role to your executor.
Step 8. Name an Executor
An executor is the person responsible for managing your estate. This person will distribute your property in accordance with your wishes and has the power to settle your debts. Some people choose a spouse or friend, while others prefer to pick someone professional, like a lawyer or CPA.
Conclusion
Once you’ve gathered this information and considered how you want your estate handled, you are ready to write your will using FastWill.
