Types of Wills

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The importance of having a Will cannot be overstated. There are many different types of Wills, and when it comes to estate planning, you'll want to make sure that you choose the right one. Your estate planning impacts your healthcare, assets, beneficiaries, and your loved ones. When you sign up for our Legal Protection Plans for Individuals & Families, you get a Will created for you by an experienced attorney at no additional cost. Read on for some information about the different types of Wills.

Simple Wills

A Simple Will is also called a Last Will & Testament, and it outlines how your assets are to be distributed when you pass away. A Simple Will can detail who is to receive your property, who will care for any minor children or pets you may have, and if you want to leave money to charitable organizations. Simple Wills are the most common type of will and are fairly straightforward and uncomplicated for those who do not have many assets.

Living Wills

A Living Will is designed to make you medical wishes known to healthcare providers in the event that you cannot voice those choices yourself. This type of will specifies details such as if you want life saving measures or life support, what types of medical treatment you want, and who can make decisions on your behalf if you become unable to make or communicate those decisions yourself.

Joint Wills

As the name implies, Joint Wills are a type of will that you make with another person. This document is generally used by spouses who intend to leave their assets to each other. The difference between a Joint Will and Mirror Will is that each person creates a separate document in a Joint Will, and Joint Wills cannot be changed independently.

Mirror Wills

As with Joint Wills, Mirror Wills are typically used by married couples who want to leave assets to each other, but the documents are identical in every way.

Holographic Wills

This type of will is handwritten and signed by the person who wrote it. It is generally not witnessed, but Holographic Wills have major drawbacks in that they are left open to interpretation by loved ones, which means that they can be contested in court.

Oral Wills

This type of will, also sometimes called a Nuncupative Will, is, as the name suggests, not written, but conveyed through speech. These types of wills are typically only used in extreme emergencies where there isn't time to write anything down. This makes them hard to authenticate and difficult to prove in court.

Pour-Over Wills

A Pour-Over Will is generally used in tandem with a trust. With a Pour-Over Will, your assets are transferred to your trust after you pass away, and then distributed from there according to your trust's terms.

With all the different types of Wills, knowing which one is right for your situation can be tricky, and making sure that your Will is legally enforceable can be difficult without legal assistance. Luckily, you get a free Will created for you by knowledgeable, dedicated, experienced attorneys with your paid membership to our Legal Protection Subscription Plans. That's right: for no additional fee, you can have the peace of mind of talking with an experienced estate planning lawyer, getting advice based on your situation, and having all the documents created for you for no additional cost! Your final wishes will be organized, detailed, and legal in the state where you live, giving you the peace of mind knowing that your loved ones will be spared difficult decisions in trying times. Learn more about these estate planning services or sign up today!

The Importance of a Living Will

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When a person cannot speak for themselves, a living will is an important health care document that is part of an estate plan, and it provides clear directives of a person's wishes, avoiding uncertainty in a difficult time and when loved ones may have differing wishes. A living will differs from a testamentary will in that it does not outline the disposal or distribution of a person's property or assets, but instead, a living will is a statement of a person's wishes as well as a guide for healthcare providers and family members.

What A Living Will Details

A living will - also known as an Advanced Directive - gives a person the right to direct future medical services and health care under circumstances where the person is unable to speak to healthcare providers or consult doctors personally due to incapacitation, a medical condition, or for another reason. This document gives instructions to medical personnel and health care providers for end-of-life situations; for example, directing attending physicians not to administer life-sustaining treatments or artificially administering nutrients or hydration. If such treatments have already begun, a living will may direct physicians to withdraw that treatment. A living will also allows you to appoint a proxy for your health care to help carry out your wishes. Laws vary state-to-state in regards to living wills and other documents, so it is always in your best interests to contact your attorney to discuss these and other estate planning issues.

Some states require that the attending physician and another doctor certify that the patient is permanently unconscious, terminally ill, or facing end-of-life conditions. If a healthcare proxy is named in a living will, that person can help make certain that the patient's wishes are carried out. The healthcare proxy should be someone who knows your wishes and is willing to make sure that those wishes are adhered to. It is also important to keep this information updated and current as your life changes.

Making A Living Will When You Are Well

If you are in good health, you may be asking why you need to have a living will. It is a document that will, hopefully, never be needed, but it can also alleviate stress for you and your loved ones in the event of a catastrophic medical issue or accident happens. It avoids disagreements among your loved ones at a stressful time, and ensures that what you want to happen is what occurs. Not having a living will has led to families dragging disagreements into court when they cannot agree on a plan to proceed involving a loved one's end-of-life care.

Many people have concerns regarding who makes the decision to administer or withdraw treatments when they cannot make those decisions themselves. A living will is an important and personal document that can avoid years of conflict or uncertainty about what a patient who cannot speak for themselves would want done. An example of this is a Florida case where a young, married woman fell unexpectedly into a coma and remained in that state for several years. Doctors believed that she would not recover and would remain vegetative for the rest of her life. Her husband wanted to remove life-sustaining treatments, but her parents wanted the treatment to continue. The case went to court, and, after a lengthy and expensive trial, the state court decided that the treatments could be stopped, and the woman passed away a few weeks later. This case highlights the importance of a living will, even for young, healthy adults.

If you are interested in preparing a living will as part of your estate planning, and want to make sure that it is legally enforceable in your state, speaking with an experienced, dedicated estate planning attorney is the best course of action. While many law firms charge thousands of dollars to prepare estate planning documents, members of our legal subscription plans get these essential documents prepared at no additional charge. Individuals and families can sign up for our legal subscription plans for just $299 per year and begin your living will, testamentary will, and other estate planning documents quickly and easily using our app for no additional cost. After filling out a quick questionnaire in the app, your attorney will contact you with any additional questions and have your documents prepared and ready to file with your state usually within just a few days. And another benefit is that you can update your wills for free at any time when your life changes as long as you remain a member. Learn more about estate planning through our legal subscription plans or sign up today!

August is National "Make a Will" Month - Members Create Wills For Free All Year Long!

Most law offices charge thousands of dollars for Estate Planning Legal Services, but members of our Legal Subscription Plans for Individuals & Families can not only get their estate planning done for free, they also get a year of legal advice and service from our network of law firms across the US, Canada, and UK! You will have the peace of mind of knowing that your will is complete, legal, and ready with the help of our network of experienced, dedicated, attorneys, as well as being able to have your attorney look over other documents and contracts, write letters and make phone calls on your behalf, help you with consumer finance issues, settle disputes, and much more! Take a look at the list of services available to our legal plan subscribers at this link. All of this for just $299 for the entire year!

Summer is a great time to cross items off your "to-do" list, and, with our Legal Subscription Plan Member Benefit of a Free Last Will & Testament, creating your will doesn't have to be complicated, difficult, or expensive, and, no matter where you are in your estate planning, there are things you can do right now to save you time and money, and to spare legal hassles for your loved ones in the future.

Organize your thoughts and create a draft of your wishes

It isn't just wealthy, elderly persons with mansions who need a will; age and income are irrelevant when it comes to who needs to have a will. Your will doesn't need to be a lengthy, intimidating legal document. Making sure your health care wishes are carried out if you should become incapacitated or otherwise unable to tell doctors what your wishes are is of the utmost importance, and your Advance Directive or Living Will makes it easy to put your wishes for your future health care in writing in a legally enforceable format. If you own assets or have children, a will is one of the most important documents you need to have. Make a list of your assets - such as bank accounts, houses, vehicles, even pets - and to whom you'd like them to go. Start thinking about trustworthy individuals you can appoint to important roles in your will. Thinking about financial and health care powers of attorney and to whom you would want to make those decisions on your behalf is a good idea at this phase, too.

Have Contingency Plans

As you select important roles for loved ones carrying out your final wishes - such executor of your will, who has your power of attorney, who will have custody of your children (if you have any) - think about second and third options in the event that something happens to your first choices down the road. These aren't fun things to think about, but taking care of them now will make a stressful situation less complicated in the future.

When you become a subscriber to our legal subscription plans, drafting your will is easy, and you know that it will be enforceable in your state of residence, as you will get to work with local attorneys who know how estate law is applied in your state. Since laws governing wills, estates, and probate vary from state to state, it is invaluable to have a legal professional in your corner when drafting your will.

From our app, sign in and click "Start Will." Fill out the short questionnaire and an attorney in your area will get in touch to go over your answers. From there, your attorney will prepare your will for your review in as little as five business days. You will have the opportunity to make changes and finalize the document. Once filed, keep your copy in a safe, secure, accessible place.

As your life changes, you may need to update your will, such as if you have children, get married, get divorced, buy a house, and more. Continuing to stay on as a legal plan subscriber gives you access to update your will whenever you need to at no additional charge.

So don't wait! Sign up to become a member of our Legal Subscription Plans for Individuals & Families today and get your Will and other Estate Planning documents prepared at no additional charge!

Have An Attorney Draft Your Will For Free

The overwhelming and complicated nature of wills is why a majority of Americans don't have a will, among the most important legal documents in the average American's lifetime. In face, most Americans fail to make out a will before passing away.

Making a will can seem like a daunting task, but passing away without a will leaves you and your family without any control of where assets go or who will care for your children, leaving those decisions solely up to the court system.

The good news is, our Individuals and Families Legal Subscription Plan comes complete with estate planning at no additional charge. That's right: sign up for an Individuals & Families Legal Subscription Plan and you will be able to have your will created by experienced estate planning attorneys at no additional cost to you.

Having an attorney walk you through creating your will and other estate planning will help make sure that your will is complete, accurate, enforceable, and legal in your state. Your attorney will be able to help you make decisions you know need to be made and probably help you address issues you hadn't thought of yet.

Some issues to consider while drafting your will with your attorney:

• Who will receive your assets? Your house, money, cars, and other belongings?

• Who will be the Executor or Representative for your will? This person will need to know where your estate documents - including your will - are located in the event of your passing, and will make sure that your wishes are carried out, so this needs to be someone you trust.

• If you have minor children, who will be the appointed guardian?

Without a will, the courts of your state will decide who will be the guardian of your minor children, so this is definitely one of the most important aspects of your will. Your will needs to be as specific as possible when it comes to scenarios that can happen over time, such as, what happens if your chosen guardians get divorced, pass away, move to another state, etc?

Make sure that the names of anyone in your will and their relationships to you are spelled out in your will. Be specific with names: instead of saying "my wife" or "my husband," use their full legal names and double check the spelling.

Finally, making sure that your will is enforceable means that it must meet the legal requirements for a will in your state. Each state has its own laws that govern the requirements that wills must meet. Knowing what those requirements are and how to meet them is much easier with the help of an experienced estate planning attorney.

As a member of our legal subscription plans, starting your will is easy.

From the app, tap the "Start Will or Other Document" tile and fill out the short questionnaire about your marital status, your assets, and final wishes. When you are finished, tap "Submit to Provider" and the answers will be sent to your provider attorney to start drafting your will. Your attorney will call you and review your answers and ask any additional questions to complete your will. Within two weeks, you will receive your finished will. From there, make sure to follow your attorney's instructions to have your will properly executed. And, if you ever have further questions or need assistance, your attorney is only a phone call away.

Don't wait until it's too late to have these important documents finalized. Sign up today to get your free will drafted by experienced lawyers today! With our legal subscription plan, you will be able to have a lawyer assist you with your estate planning or any other personal legal matter for just one low, monthly fee.

Do You Need A Will?

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We're finishing off our series on estate planning for National Make A Will Month with the big question: do you need a will? No one likes thinking or talking about death and dying, but your estate planning documents are some of the most important legal documents you will ever need, and you shouldn't wait to create one. Your Last Will & Testament not only outlines your wishes for the distribution of your property and assets, but it also details your wishes regarding the care of any minor children you may have, your wishes for your health care should you become unable to voice those decisions yourself, and even what happens to your pets after you pass away.

Many people think that Wills are just for wealthy people and that regular folks don't need a Will, but, in actuality, every person over the age of 18 needs a Will, regardless of how much wealth they have. If you have questions about your estate planning, or would like to get your Last Will & Testament created at no additional fee, our Legal Protection Subscription Plans may be right for you. Learn more about all the benefits of becoming a member, get details about getting your free Last Will & Testament when you become a member, and read on for more information about Wills and Estate Planning and why you should consider them now.

Creating a Will as soon as possible, regardless of your finances or age, ensures that your children, pets, property, money, and other assets are cared for in the manner you wish for them. If you pass away without a Will, your estate is considered "intestate," which means that the courts in your state will decide how your assets, property, and money is divided up without your input. If you have no heirs, your assets and property could go to the state. If you have children, the courts will decide how they are cared for; the same goes for pets. Having a Will means that you get to choose how your children will be cared for, who will care for your pets, and how your property and assets are distributed when the time comes.

Consider drafting a Living Will or Advanced Directive at the same time so that your wishes for your health care are known if you should become incapacitated or otherwise can't voice those decisions to health care providers.

A Will also minimizes family conflicts and alleviates stress at a difficult time. Your Will makes certain that your wishes are carried out legally and are enforceable in the state where you live.

Besides that fact that many people don't like thinking about passing away, people also avoid taking action when it comes to estate planning because they fear it will be difficult or confusing. Members of our Legal Protection Plans get a Last Will & Testament drafted by experienced, dedicated estate planning lawyers in our network of law firms across the country at no additional fee, making sure that their estate planning documents are complete, accurate, and most importantly, legally enforceable in your state courts. Getting your estate planning documents created by our attorneys can happen in as little as five business days and all you need to do is answer a few simple questions about your estate, property, assets, and beneficiaries. You can even do this in the app and your attorney will contact you in a day or so for more details if needed. You can update your Will whenever your situation changes, too, as long as you're a member. Learn more about our Legal protection Subscription Plans for Individuals & Families, or sign up today!

Estate Account Basics

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If you are named as the executor of a loved one's estate, one item that you will want to know more about is what is known as an Estate Account. As its name might suggest, an Estate Account is a bank account that is set up temporarily in the executor's name, and it is used to take care of financial aspects of an estate's funds, expenses, taxes, debts, costs related to probate, and, finally, to distribute funds to named beneficiaries of an estate. There are many aspects of estate planning where you may find legal advice helpful, from setting up and creating estate planning documents to questions regarding responsibilities as an executor of an estate, and you can get all your legal questions answered for one low, monthly fee of $29.95 with our Legal Subscription Plans for Individuals & Families, and, as an added bonus, our members get estate planning documents created at no additional fee.

How to Create An Estate Account

Estate accounts make accounting for estate funds easy, as you will be able to have records to track where funds are going and how they are being used in case there are ever any questions. This reduces the chance of misused funds, particularly in cases where there is a shared account. Keeping estate funds separate from personal funds also adds a layer of protection as distribution of the estate commences, as well as making taxes easier. As an executor of an estate, you'll start by gathering documents, including the death certificate, a copy of the will if one exists, and any state-specific documents that you might need, as laws and rules vary state-to-state.

Probate is a legal process by which assets from an estate are transferred to beneficiaries as laid out in the Will. If there is no Will, there will probably be additional steps to become the executor of the estate. At this point, the court will want to see the death certificate and a copy of the Will if there is one.

Setting up an estate account will require a tax ID number specifically for the estate account, and you can apply for this online at the IRS web site. This simplifies filing the taxes for the estate to the IRS, and it is the same as getting an employer ID number for taxes. The bank will need this EIN to open the account for the estate, so be sure to bring proof of this number with you to the bank when you open the account. It's also a good idea to contact the bank beforehand to ascertain if the bank will need any further documentation in order to open the account and to bring that with you, too.

Estate accounts don't cost anything extra, and they are virtually the same process to open as any other bank account. Estate accounts are typically just standard checking accounts, but you may need a few different types of accounts, depending on how complex the estate is.

Once the account is open, you'll be able to make deposits, payments, and distribute the estate according to the Will. Once this process is complete, it is likely that you won't need the account, and you should be able to work with the bank to close it when the time comes. The documentation needed to close an estate account can vary from bank-to-bank and state-to-state, so it is best to check beforehand on what documentation you will need once the terms of the Will are satisfied.

Estate management can be confusing, and that's why having access to legal advice any time a legal question arises is so convenient. Our Legal Protection Subscription Plans give you access to experienced, dedicated, estate planning attorneys 24/7 through our app or via telephone at an affordable price. Learn more about all the benefits of membership or sign up today!

Can A Will Be Changed With A Power of Attorney?

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A Power of Attorney is an important legal document that allows someone of your choosing to make decisions on your behalf if you should ever become unable to do so yourself. The type of decisions can be financial, health care related, regarding your business affairs, and more. But could someone with power of Attorney change your will? If you need legal advice regarding your estate planning or wish to have your estate planning documents - including power of attorney, living will, last will and testament, or a trust - created for you, members of our Legal Protection Subscription Plans for Individuals & Families can get these important documents created at no additional fee. Learn more about this benefit and read on for a brief overview of Power of Attorney.

When you are creating your estate planning documents, you have the option of creating a Power of Attorney. This is a document that gives someone you choose the authority to make decisions for you if you should become incapacitated or otherwise unable to make those decisions yourself. The person you choose is known as your "agent" or "attorney-in-fact," and you can give this person as much or as little power as you choose. You can give them authority over just your finances or just medical decisions, or both.

A Power of Attorney can be either "durable" or "non-durable," and the difference comes down to when your agent has power of attorney. A durable POA stays in effect if you become incapacitated while a non-durable POA is only valid while you're competent. A "Springing" power of attorney only becomes valid upon your inability to make decisions for yourself, for example, if you are incapacitated or gravely ill.

Your will is a very important document, as it makes your wishes known before you are sick or pass away, and directs what happens to your assets after you die. A Living Will - also called an Advanced Directive - allows you to make decisions about your end-of-life care in advance, in case you are unable to do so later.

You need a will created to take care of family, children, loved ones, pets, and assets when you pass away, and a Power of Attorney is an important position that gives someone power to make decisions for you while you are still alive, whereas a will only becomes valid after you die.

One question people often have is whether or not a person with power of Attorney can make changes to a will, and the short answer is no. However, a person with Power of Attorney can still affect an Estate plan, in that someone with financial Power of Attorney will have the ability to make financial decisions, such as managing bank accounts, paying bills, managing investments, and attending to debts.

Importantly, Power of Attorney is revocable, which means that you can cancel or change it at any time, and you should consider updating your Power of Attorney on a regular basis so that it reflects your current wishes and/or circumstances. Examples might be if your marital status changes or the person you've appointed as your agent passes away or moves far away.

Getting advice from an experienced, qualified estate planning attorney is always a great idea when you're thinking about any Power of Attorney, as you will be better able to understand the law, protect your rights, and make sure that all your documents are in order. An estate planning attorney can help you with any questions you might have about your Power of Attorney as well as help you prepare and create your comprehensive estate plan that will address your unique situation and goals. Learn more about getting your will completed at no additional charge when you're a member of our Legal Protection Subscription Plans, or sign up today!

The Rights of Trust Beneficiaries

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The beneficiary of a Trust has important rights and responsibilities that the Trust  should spell out clearly. If you are the beneficiary of a Trust, you should understand completely what the process is in estate planning. Many beneficiaries of Trusts feel as if they are beholden to the whims of a Trustee or executor, but the type of Trust  makes a difference as to what you may be entitled to and what your rights are. With your membership in our Legal Protection Plans for Individuals & Families, you can get advice from estate planning attorneys when you are the beneficiary of a Trust, and you can also prepare your own estate planning documents at no additional charge. Learn more about this benefit and read on for a brief overview of a few of your rights as a beneficiary.

Beneficiaries Get A Copy of the Trust or Will

Current and remainder beneficiaries have a right to receive a copy of the Trust. This document gives you information about the Trust and how it is managed and administered so that you can enforce your rights. Information generally included in a Trust includes information about assets held in the Trustee's name, contact information for all parties named in the Trust, bank account information, and Real Estate information. Familiarize yourself with the terms and details of the Trust so you know how much you should receive and when those payments are to be made.

How and When Distributions Are Made

Knowing how to claim your inheritance is important, and you are entitled to timely payment distributions as outlined in the Trust. It is also to be aware of any tax obligations that may arise from your Trust payments.

You Have A Right To An Accounting

An accounting of a Trust is a detailed report containing information regarding liabilities, distributions, income, and expenses of the trust in a certain period of time. The terms of your Trust may vary, but a yearly accounting is typical. Current beneficiaries can also request a special report containing information such as receipts, disbursements, income, bank statements, liabilities, and assets. The yearly report will contain similar information.

You Can Petition The Court To Remove A Trustee

Current beneficiaries of a Trust can ask the court to remove a Trustee if it is believed that the Trustee is not acting in the best interests of the beneficiaries. Some situations - especially involving minor children or conservatorships, when a guardian is involved - can cause disagreements and you may want legal representation in these cases.

Our network of experienced, dedicated estate planning attorneys are always available to answer your questions and give advice regarding Trusts, Wills, and other estate planning documents, and you can get your estate planning documents prepared at no additional cost when you're a member of our Legal Protection Subscription Plans for Individuals & Families. Learn more about our Legal Protection Plans, the estate planning benefits, or sign up today!

How To Discover If Someone Has A Will

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It may come as a surprise to learn that many people don't let their loved ones know that they have a will. Having to search for a will in a difficult time can be stressful and overwhelming. With your subscription to our Legal Protection Plans for Individuals & Families, you can get you Estate Planning documents prepared by your attorney at no additional charge, saving you hundreds of dollars over hiring an attorney on your own. Read on for a few tips on discovering if a loved one has a will.

Ask Them About Their Estate Planning

It may seem obvious, but the easiest way is to reach out and ask. If the person is question has already passed, contacting their family, friends, or the executor (the person tasked with distributing the deceased's property) and ask if they know where the will is kept. These conversations can be difficult and uncomfortable, but they are sometimes necessary. The Will must be taken to probate court within a certain time frame, depending on the jurisdiction. The executor of the Will has a duty to contact anyone named in the Will and make the Will's contents known. While many believe that Wills are private, they are public documents.

Do Thorough Research

Wills are generally kept in places that aren't very obvious, so make sure to thoroughly go through files and other papers and documents to see if the Will is filed away. Check boxes and files in places that aren't typical for the storage and organization of paperwork, such as in pantries, boxes in bedrooms, storage rooms, closets, garages, and storage units. Check for secret compartments in desks, paintings, tables, and even behind shelves and in floors and walls. Check the attic and basement, suitcases, and even look through book pages in case it might have been tucked away there. Diaries, journals, and online accounts sometimes have clues to where documents like a Will might be kept.

Ask The Lawyer

How could you find out which lawyer drew up the Will? Checkbooks and payment records may lead you to the law office where the attorney who drew up the Will works, and a web search should get the contact information from there. The attorney who drew up the Will should have a copy, and while they won't tell you what's in, most likely, they can verify its existence.

Check The Bank

check the banks where the deceased did banking and see if they had a safe deposit box. It is a popular place to store important documents.

Public Records

It's possible that the Will is already in the public record. This happens when the executor starts Probate without notifying all parties. The clerk of the court files the Will after a person dies, but not all Wills are in the public record.

Stay Vigilant

Check the court web site regularly for new Will filings and newly open Probate cases. Let the Probate court know that you want to be notified and, in some states, you can request to be notified if a Probate case is opened in the name of the deceased.

Estate Planning documents are among the most important documents you will need, and legal assistance for making sure that your Will is complete and legally enforceable in your state is extremely important. You can get professional legal help with your Estate Planning, including a Last Will & Testament, a Living Will, Trusts, and more for free when you're a member of our Legal Protection Subscription Plans. Don't wait another day to get these important documents prepared! Sign up today!