do i need a lawyer for a will

Preparing Your Will: 8 Important Checklist Items to Consider

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Sixty percent of Americans admit to not having a will prepared. 

Preparing a will is a task many people will put off because they believe they still have many years to live. But unless you can predict the future, you should prepare a will now just in case. 

There are many important reasons for having a will. Having a will can prevent family disputes, provide for your loved ones, plan for your funeral arrangements. 

By now you probably understand the importance of drawing up a will, but what should you actually include in it? Here are eight checklist items to include in your will.

1. Assets

When wondering what to put in a will, assets are probably the first things that come to mind. 

Here are a few assets to consider when writing out your will:

  • Bank accounts
  • Investments
  • Retirement funds
  • Cars, boats, or real property
  • Royalties or copyrights

This is not an all-inclusive list. There are many other things you can consider as an asset, ranging from frozen embryos to social media accounts that generate income. 

2. Guardianship

Guardianship is one of the most important aspects of a will. 

If you have children, choosing a person to take guardianship of them if you die is no easy task. The most obvious option is the child’s other parent, but in the event that both of you pass,  there should be an alternative guardian declared. 

Consider close family members and friends. Choose someone you think would be responsible and love your child as their own.

The most important thing to do is to ask their permission first and see how they feel about the idea. If they do not wish to take on guardianship, don’t include them in your will anyway. This isn’t fair to them or your child. 

While not as common, many people choose to also include guardianship of pets in their will. 

3. Real Property

While some may include this with their assets, real property is another one of the big things to include in a will.

this includes your primary residence, any vacation or rental homes, and any other owned properties. You can assign that a specific real property is left to certain beneficiaries.

You can also decide that all your real property is to be sold and the profits divided up among your beneficiaries. This can make things more equal if you have multiple beneficiaries. 

4. Specific and Residuary Bequests 

When putting together a will, you shouldn’t forget about any specific bequests. 

Do you have a family heirloom that you’ve promised to a specific family member? What about gifting each of your grandchildren a specific amount of cash for their college fund? These are considered specific bequests. 

Once all specific bequests and real property is taken care of, you can then choose residuary bequests. This involves any remaining assets being divided among beneficiaries. So after your specific requests, you can choose to have all your assets divided equally among all your children. 

5. Alternate Beneficiaries

It’s always a good idea to name alternate beneficiaries in your will. 

While you may want a specific family member or spouse to be your beneficiary, there is a possibility that they won’t be alive when you die. In this case, you should name alternate beneficiaries. 

You can name one or multiple people as an alternate beneficiary. You can also choose to make a specific charity an alternate beneficiary. 

6. Business Assets

Don’t forget about any business assets when putting together your will. 

If you own a business, you want to make sure it is taken care of in the event of your death. You don’t want your employees showing up to work one day unsure of what to do with the company. Instead, include your business assets in your will. 

You can choose to name a business beneficiary to take over the business, be it a family member or an employee. You could also choose to have the business sold off and the profits given to your employees or family members. 

Either way, be specific about all of your business assets. 

7. Debts and Taxes

To minimize work later on for your loved ones, also consider any debts or taxes you may owe. 

Plan out how any debts you owe are to be handled. Don’t forget about probate costs, real estate tax, and inheritance tax. 

You can also include funeral expenses and specific funeral plans in this section of your will. It’s best to have these things planned and handled ahead of time.  

The easiest way to take care of this is to mark a specific bank account or amount of cash be left to handle these expenses. 

8. An Executor

The final, but extremely important thing you should include in your will is an executor. 

An executor is a person who is in charge of making sure your will is carried out according to your specific wishes. They handle dividing up all your assets and any other aspect of your will. 

The executor can also be in charge of your end-of-life decisions, including do-not-resuscitate orders. 

Just like with your beneficiaries, it’s advised that you also name an alternate executor. Your first choice for executor may be deceased or choose to decline the responsibility. 

Need Help Preparing Your Will?

Now that you know the eight main things to include in your will, it’s time to prepare yours. 

It’s important to seek legal help when preparing a will. There are plenty of free resources online that claim they make will preparation easy. But the truth is, these documents aren’t state specific and don’t account for everything. 

To avoid mistakes and hassle down the line for your loved ones, seek professional legal help when preparing your will. A professional is able to answer all your last will and testament questions. 

Not sure where to go for professional legal help? Visit our online database to find the best family attornies in your location. 

child custody case

7 Common Mistakes to Avoid during a Child Custody Case

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Over one-quarter of children in the U.S. live with one parent, while their other parent lives in another home. This shows how prevalent divorce and child custody cases are.

If you’re a parent finding yourself in the middle of a child custody case, you may be confused about your parental rights and the uncertainty of the outcome. However, there are several things you can do to increase your chances of gaining and retaining custody or shared custody of your children.

Here’s a list of seven of the most common mistakes parents make when facing a child custody case.

1. Don’t Badmouth Your Ex to Your Child

It isn’t fair to use your children as a pawn or to create negativity in their minds about your ex. After all, your former partner is still your child’s other parent. Your children deserve the right to form their own opinions about their parents as they grow.

Put yourself in their shoes and ask yourself how you’d feel if you were spending time with each parent and hearing bad things about one of them. It would make you feel confused and stressed, two emotions that your child does not need nor deserve during this lifestyle adjustment.

Resist the temptation to speak of your ex in a negative light when your child is present. If you must, confide privately with a friend or family member without your child being there. 

2. Don’t Repeatedly Cancel Visits

Being repeatedly late for picking up your children for visits or having to constantly cancel or reschedule visitations does damage in two ways.

First, it really hurts your child. They will feel that they’re no longer a priority in your life and that you don’t care enough to follow through on spending time with them.

Children need to know they’re still loved and valued by both parents after the relationship ends. One of the best ways of giving them this assurance is to be there for them when you say you will.

Second, this behavior will make you look bad in your ex’s eyes and in the court. It will make the court think you’re not serious about making a commitment to child custody. Your ex can make a record of repeat cancellations and no-shows and use it against you in a court of law.

3. Don’t Disrespect the Court

Always respect court officials and what is asked of you. If you are ordered to take a parenting class or get help for a substance abuse problem, do it. If you are issued a temporary order, you must obey it.

Wear professional clothing when attending court and respect the judge and other court officials. Dressing appropriately shows that you take the child custody hearing seriously, and this small action will help you make a positive impression.

Never lie to the court or your lawyer. The truth always comes out eventually, and it can hurt your parental rights.

4. Don’t Be Anything Other Than a Great Parent

You don’t stop being a parent just because you’re no longer living with the mother or father of your child. So while you no longer have your partner with you, that doesn’t mean you can skimp on raising your child properly.

Be a good parent by creating a safe environment for your child when they’re with you. Any firearms that you own should be securely locked up. Any films you watch with your children should be family movies or age appropriate for them.

You don’t want to leave your children unsupervised or enforce corporal punishment. This information will get back to your ex, and it could get blown out of proportion into a domestic violence issue.

Make sure they have plenty of nourishing, healthy food to eat, and a comfortable place to sleep. Don’t abuse alcohol or take drugs. It may sound like common sense, but you always want to present yourself as the best parent you can possibly be.

5. Don’t Neglect to Pay Child Support

Don’t neglect or forget to pay child support to your ex. They can use this information against you, and you could lose visitation rights. 

If you find yourself with a financial hardship whether from a job loss or emergency, do let the judge know. File a motion to make the court aware, and you may receive permission to reduce your child support until you have the funds again.

6. Don’t Take the Kids on a Trip without Letting Your Ex Know

Taking your child on a trip without your ex’s permission can quickly look like a kidnapping situation.

Always ask your ex if you can take your child on a vacation. Provide them with all of the information they need to know, such as contact info for the hotel, flight numbers, and departure and arrival times.

Doing so shows that you can be trusted by both your ex and the court.

7. Don’t Lose Your Cool

Although emotions run high in times of divorce and figuring out child custody rights, try not to get angry with your ex, especially in front of your kids. It’s especially important to avoid any kind of physical contact as that will not help your case and can turn it into a domestic violence incident.

Take a deep breathe and leave the room during a heated argument if you have to. Never threaten your ex and always try to keep the environment as calm as possible.

Winning Your Child Custody Case

Avoiding these seven child custody case mistakes will put you in good standing with the court and help you work out an agreement with your ex sooner rather than later.

If you find yourself facing a child custody case, you need a family attorney who cares about you and your parental rights. Start by conducting a search for family attorneys near you.