The Basics of a Legal Will and Why You Need One

Most people think they need to pay a lawyer to draw up a proper Will, but that isn't necessarily the case. If your estate matters will be complex, if you anticipate problems or disputes regarding your estate after you die, or if there are disputes among family members, a visit to an attorney may well be recommended, but if you have a simple estate with few assets, little to "argue" about, and family members who already pretty much know your wishes, you can create your own Will rather easily.


A Will need not be a complex collection of legalese to be valid. There are just three things required to make a Will legal and binding in most states.

You must be an adult, of sound mind, and legally responsible for yourself. In other words, you are not a ward of the state or another person or under a guardianship. As a sidenote: You should not write your Will when you are under extreme duress or in circumstances where your "sound mind" might later be called into question.

The signing of your Will must be witnessed (and signed) by two impartial witnesses who are not mentioned in the Will and will not inherit any of your estate. Those witnesses do not have to read the Will in its entirety, but they must sign indicating they watched you sign it the original document.

You must sign and date your Will. Some attorneys recommend you sign each page of the Will.
In your Will, you can identify who you want to receive your home and personal possessions. In certain states—Wisconsin, Washington, New Mexico, Nevada, Louisiana, Idaho, California, Arizona, and Alaska—you and your spouse are deemed to own any property acquired or earned during the marriage together—50/50—as a part of the marital estate, so your surviving spouse will automatically inherit. But if you have specific items you inherited, items you acquired before your marriage, or items you want a specific person to have, it is best to put that into writing, naming the person who is to receive the property by name and relationship.

Your Will can also be the instrument you use to name the person you want to be the guardian of your children if they are under the age of 18 at your death. You will want to specify a guardian for both your children's "person" (their actual daily physical care) and their property (financial resources). It is advisable that money left to a minor be put into a trust, and you may wish to research this topic more in-depth to ensure the trust is set up properly.


You should keep your original Will in a safe place where it can easily be found in the event of your death. (You can keep a photocopy to refer to if you wish.) You may want yo file it with your local courthouse or have an attorney or trusted financial advisor hold onto the original for safekeeping. Or, you could place the original in a fireproof safe or a safety deposit box at your bank.

Arthur Gueli works with his brother Charles (a licensed personal injury attorney) teaching injured people how to protect their rights and obtain fair compensation for their damages.

Learn more about liability in traffic accidents (and how to make it work in your favor) at this page on their information-packed website: http://www.injury-settlement-guide.com