How to Prevent an Estate from Passing to Distant Relatives

Step-by-Step Guide

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   Step 1: Find will templates.

   Lawyers will swear up and down that you can’t draft your own will.
   
   Admittedly, some people shouldn’t.
   
   If your estate is very complicated or large, then you should find an estate planning lawyer.
   
   However, if your estate is fairly simple, you can use a template to guide you in the creation of your own will.
   
   You can generally find templates in the following places:
   Statutory forms.
   
   Your state legislature might have written a form you can use.
   
   You can find it by searching the Internet for “your state” and “statutory will.” Books.
   
   Some will books have been published with sample templates and instructions.
   
   Some books come in CD form.
   
   You can find these online.
   
   Will software.
   
   You might also be able to buy software programs which walk you through creating a will.
   
   You answer questions and the software tailors a will to your circumstances.
   
   Online programs.
   
   These programs are like software except they are online.
   
   You answer questions and a will is created.
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   Step 2: Name specific beneficiaries.

   As part of creating the will, you need to identify property and name a person to receive it.
   
   This person is the “beneficiary.” You can name an individual or an organization, such as a charity, as the beneficiary.
   
   You are under no obligation to leave property to family.
   
   You should always create a back-up beneficiary in case your initial beneficiary dies before you.
   
   For example, you could leave your home initially to your sister but, if she dies before you, then you can leave it to a nephew.
   
   You can write: “I leave my home to Joan Smith.
   
   If Joan Smith does not survive me, then I leave this property to Michael Jones.”, Rather than name a beneficiary for each small item, you can include a “residuary clause.” The residuary contains all of your property minus what you have specifically left to beneficiaries.
   
   It is important that you name a residuary beneficiary.
   
   This person will get everything you haven’t gifted to a specific beneficiary.
   
   You can write, “All property I own at my death that is subject to this will but that does not pass under a general or specific bequest is part of my residuary estate.
   
   The residuary estate includes all failed or lapsed bequests.
   
   I leave my residuary estate to my spouse, Amy Smith.
   
   If Amy Smith does not survive me, I leave my residuary estate to my two children, John and Jane Smith, in equal parts.”, A will contains other important information, such as who will serve as your executor (“personal representative”), who will become a guardian for your minor children, who will provide for your pets, etc.Don’t forget to include this information as you complete your will.
   
   See Create a Will for more information. , A will is only valid if you execute it properly.
   
   The formalities will differ depending on the state.
   
   However, if you don’t follow the formalities, then the will won’t be valid and your estate could pass to distant relatives.
   
   You can find your state’s requirements by reading your state law, which should be published online.
   
   If not, then stop into the nearest law library, which may be at your courthouse or at a nearby law school.
   
   Ask the librarian to see your state’s law on wills.
   
   Generally, you will need to have at least two witnesses watch you sign the will and then sign in each other’s presence as witnesses.Your witnesses should not be people named as beneficiaries in the will.Wills do not need to be notarized. , When you die, your executor will have to submit the will to probate court.
   
   The probate judge must determine if the will is valid.
   
   Usually, the judge requires that your witnesses testify in court that they recognize the will as your true last will and testament.
   
   Unfortunately, several decades might have passed between your signing the will and the will’s admission into probate.
   
   In these situations, many witnesses have died or can’t be found.
   
   You can bypass these problems by creating a self-proving affidavit.
   
   With one of these, your witnesses won’t have to testify.Some state statutes provide language to include in your self-proving affidavit.
   
   You can find your state law by searching “your state” and “probate self-proving affidavit.” Self-proving affidavits are not required; however, they can make probating the will much easier., If you have any questions about your will, you should meet with a lawyer.
   
   Remember, so long as the will is valid, your estate won’t pass to distant relatives.
   
   A lawyer can help double-check your will to see that it is legally valid.
   
   You can find a lawyer by contacting your local or state bar association and asking for a referral.
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   Step 3: Remember the “residuary clause.” Even small estates contain a lot of property

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   Step 4: small things like your DVD player

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   Step 5: your clothes

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   Step 6: and your kitchen table.

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   Step 7: Include other information.

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   Step 8: Execute the will properly.

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   Step 9: Create a self-proving affidavit.

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    Step 10: Show the will to a lawyer.

Detailed Guide

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