what kind of will do i need?

Question

I have minnor child who is inhreiate my estate and want to put direction on how i want to be burried and some other stuff dealing my estate. What kind of will would that be?

Answer 1

You will need a simple will with provisions for the minor child. Two matters to consider with the minor child: who will be guardian of the person of the child (who will raise the child if you die) and who will be guardian of the money a minor child might inherit? You could have everything go into a sequestered savings account marked "no withdrawals before age 18 without prior order of court."

Directions on how you are to be buried should not be placed in your will. Usually people do not read the will until after the funeral, and then it is too late. I would recommend a separate direction to family members of your wishes. In fact, you can even make a pre-arrangement with a funeral home or cremation society before you die.

It is important that family members know your wishes for funeral well in advance of your death. You might have a situation where your mother, father, child, or whatever is trying to make funeral arrangements and they have to substitute their judgment for yours. Isn't it better to let them know NOW?

Answer 2

You need a Will with a minor children's trust included. The trust portion of the Will should appoint someone to be guardian of your child who will take care of his/her physical needs. That Trust portion should also appoint a trustee or conservator (same job/different titles in some states) who handles the financial affairs of your child until at least adulthood. I suggest for my clients that they not give an 18 year old a complete inheritance. I recommend the child's money be held for educational purposes and ask my clients to choose an age when the entire amount in trust should be given to the child. I suggest that a young person is in greatest need of financial resources after he/she graduates from college or trade school and needs a place to live and reliable transportation for that first adult job. The guardian and the trustee can be the same person or you can choose one person who's great with children as the guardian and another person who's good with finances as the trustee. Other terms for this type of Will is a Testimentary Trust. Be aware that if you have life insurance, that is not a probate asset. That will go immediately to the child at age 18 unless you designate your estate as the beneficiary of the life insurance instead of your child. The result is the same, but you can safeguard the assets better through the Will. However, if you live in a state that charges inheritance taxes, pouring life insurance into your estate through the Will creates a taxable event. My state does not have inheritance tax, so that is not an issue that I have to consider.
Regarding your funeral, I offer a "Statement of Disposition" as part of my Will package. That tells your family your funeral wishes and can be as specific or as general as you wish. This is not a form. It is simply something I developed over the years based on the needs and wishes of some clients. I also include in the Will package a Health Care Directive and a Power of Attorney in the event you are unable to make decisions for yourself. I personally believe a Will should be kept private, but the Health Directive and Statement of Disposition should be shared with your family so they know your wishes. My state puts organ donor information on our drivers license, but I also put that in the Statement of Dispostion and in the Health Care Directive.

Answer 3

All of that information should be included in your last will and testament. Any trusts you wish to establish, or restrictions you want to place, can be accomplished in the will. Just remember, the more complicated your will, the harder and more expensive for it to be implemented, if you die. A good estate attorney can advise you.

Answer 4

get a good estate lawyer and the tool is called a last will and testament. be specific in your wants and orders.

Answer 5

Standard Will. If you need one, you can get one with the service below. Watch the online movie presentation. Hope this helps.

Answer 6

last will and testament. but i discourage you to do one on your own unless you know what you're doing. the more assets and properties you have, the more complicated it is. if you have one poorly drawn, your child can get affected especially if your relatives contest the will.

Answer 7

Last Will & Testiment

Answer 8

have you ever heard of Attorneys at Law??? try there dummy