Creating a Will: It’s Not as Scary as You Might Think
Published on - October 31st, 2008 (by J.D. Roth)
My friend Sparky called the other day. We chatted about work, we chatted about the economy, and we chatted about investing. We also chatted about our families. We talked about my mother and her health problems, and then we talked about his parents and their health problems.
“I can’t believe they haven’t updated their wills,” said Sparky.
“What?” I said. “Are you kidding me? How old are they?”
“They’re both about 65,” he said. “Maybe a little older. They haven’t updated their wills since I was five. If you go by the paperwork, when they die, I have to go live with one of my aunts. I’m almost 40.”
We both laughed. “At least it’s my favorite aunt,” said Sparky. “If somebody has to become my guardian, I’m glad it’s her!”
Though Sparky and I were making light of the situation, estate planning is serious business, and not just for those near retirement age. I don’t mention it often — just in this annual Halloween post on the subject — but I do believe creating a will is a crucial part of personal finance.
Despite this belief, Kris and I have dragged our feet on our own estate planning. For two years we’ve been telling ourselves we’ll get to it — next month. This year, however, we finally followed through.
I called my attorney, Dave, and he guided us through the process. Turns out creating a will wasn’t difficult or scary. In fact, the most time-consuming part of the process was organizing the information, but that task was made easier with this handy will-planning document [50k PDF], which I’ve reprinted with Dave’s permission:
This form collects information about your family and beneficiaries, your assets (including bank and investment accounts), and your debts. (Compiling this information is an excellent idea even if you’re not creating a will.)
After we submitted our planning forms, Dave asked us to clarify our intentions regarding certain points. (Just what do I want done with my comic book collection when I die, anyhow? And, just for the sake of argument, if Kris and I both die at the exact same time, and so do our designated beneficiaries, then who gets our stuff? We both picked our alma mater, even though we hadn’t discussed doing so.) After we’d given him all the information, he created drafts of the wills for us to approve. When we were sure that everything was satisfactory, we met at his office to sign the paperwork.
In a way, preparing our wills was anti-climactic. I’ve always believed the process was a Big Deal, and involved a lot of red tape. It wasn’t like that at all. We simply gathered some information, answered a few questions, and then signed on the dotted line. For some people, there’s more to estate planning than a simple will, but Kris and I don’t have complicated needs — yet.
Our next task? Gathering our wills and birth certificates and other important documents and placing them together someplace safe. Any suggestions?
This is the annual GRS Halloween post on estate planning. Previous articles include a brief guide to creating a will (2006) and a brief overview of estate-planning software (2007). Photo by mugley.
GRS is committed to helping our readers save and achieve your financial goals.Savings interest rates may be low, but that’s all the more reason to shop for the best rate.Find the highest savings interest rate from Ally Bank, Capital One 360, Everbank, and more.
This article is about Basics, Planning, Real-Life
Disclaimer: This content is not provided or commissioned by American Express. Opinions expressed here are author's alone, not those of American Express, and have not been reviewed, approved or otherwise endorsed by American Express. This site may be compensated through American Express Affiliate Program.
Discover is a paid advertiser of this site. Reasonable efforts are made to maintain accurate information. See the Discover online credit card application for full terms and conditions on offers and rewards.
SEARCH FOR RECENT ARTICLES





At what point do I need a will? I will be starting a PhD in a few weeks, and my husband will be starting his career as an engineer. We are in our early/mid twenties. We do not plan to buy a home for a few years, and do not plan to have children for at least two more years. Our net worth is $10,000-$20,000. Any suggestions?
loading....
Congrats and taking the plunge and getting your will. It sounds like you’ve got a great attorney who made it easy for you to do- checklists like the one you used are a sign of a lawyer who wants to be thorough and not waste your time (or money) with oral questions in his office that can be just as easily addressed through a form like this. Having something you can take and complete also reduces the chance of you missing something.
As for where to store your important documents, many law offices will store your original will in their vault, if you want. This protects it from loss, and when the time comes to either change the will or probate the estate you’re probably going to need to go back there anyway. A safe deposit box is another option, or even a small fireproof safe in your house.
loading....
If you use a safe deposit box, be sure someone else has access to it if something happens to both of you.
loading....
There’s a great online site that will help you set up guardians for your kids http://kidsprotectionplan.com/ . I think this is extremely valuable, because like most people, I put off making my will but I want to make sure that my children will go where I want them to if anything happens to my husband and I. It’s a good starting point in the process.
loading....
I’m 29 and think about this a lot. I don’t own property, and I don’t have kids (don’t intend to either). I do have student loan debts and some cc debt, plus investments. And a cat! I guess it’s never too early to get started on this stuff huh?
loading....
To keep my documents safe, I use this document protector: http://www.amazon.com/Honeywell-2017-330-Cubic-Inch-Waterproof-Protector/dp/B000GB1VMO/
It doesn’t cost much, and if you keep it in the basement or on the ground floor you won’t lose your documents in a fire or flood (the lower in your home, the colder it will be during a fire). Also because it’s small it doesn’t add clutter.
loading....
Is it worth the cost to do it online like legalzoom.com if I don’t have a personal lawyer?
loading....
how much did the will cost you, if you don’t mind me asking?
loading....
@Kevin L.
If you have a very simple situation then legalzoom or Quicken’s WillMaker are possible choices if you don’t have the money to pay a lawyer. Obviously it would be better to use a lawyer because he/she can identify possible issues that software may not and he/she has real-world experience with how the wills work out in your state.
Definitely shop around if you use a lawyer. You’ll find the prices vary greatly. In the DC area, I know a lawyer who would do a Will, Living Trust, Advance Medical Directive, and Power of Attorney for about $1,200-1,500. I’ve also heard of other lawyers in the same area charging upwards of $6,000 for the exact same documents for the same person. While there can be some situations where extensive expertise is needed, it isn’t a $4,500 difference and a very small minority of us will ever need anything that advanced.
loading....
For people with children it’s very important to specify your desires regarding who will be the guardian of the children if the parents die.
Even for people without kids, you should consider having these documents made. Without a will, in most states your spouse will inherit everything, and then the next in line to inherit are the children, if there aren’t children then parents, then siblings. Some people have interesting family issues where their stepparents raised them and they want a stepparent or stepchild to inherit. Or they don’t want a certain person to inherit. In those cases it’s important to have your intent spelled out in writing. It’s a good idea to at least think about these issues.
While it is an uncomfortable thing to think about what will happen if/when you die, I tell my clients to think about it just like another thing you have to take care of, like a dental checkup. Makes it a little easier to handle mentally I think.
loading....
Don’t forget an Advance Directive while you’re at it.
loading....
We did our wills when we went abroad on vacation a couple years ago. Fortunately, I work at a law firm, so I had built-in help for that. We plan on keeping them intact until our children reach 18 years old, at which point we’ll make changes. we also have GPOAs and HCPOAs in place.
loading....
You should also keep a copy of your marriage certificate with the will and birth certificates. Order three certified copies of each (birth and marriage) and notarized copies of the will. Give one to a relative to keep in a keep in a fireproof safe in their home (do the same for them!) one in a safe deposit box, and one with the lawyer. You should already have copies of your birth and marriage certificates at home, get a fireproof safe, you can probably get away with just a regular copy of the will.
loading....
We had not updated our will since we got married(23 years- yikes). Since then we had two kids, a house, money- but no new will, no advance directive, no POA. Because of deaths in the family and the aging of my mom, we went with her to an eldercare attorney and to get her will redone(her executors were dead and other things were incorrect), an advance directive, and a POA. At the time, my mom was elderly but well- a year later- she was in the hospital for 7 months and after, was no longer able to handle her own affairs. I realized that it was vital we do ours- We used a lawyer in Maryland(our state) and did the same documents with special provisions for our children(young adults) and with special inheritance provisions based on Maryland law. It cost us about $1000.
And as to “spooky” – we have also recently purchased cemetary plots and the contract that deals with all the other aspects of the funeral and burial. Our documents are in our safe deposit box at the bank, with the lawyer, with a friend who is our executor and my sister who is the executor of our advance directives(after my husband and I for each other). We also have a copy at home
loading....
This is one of the things that I keep meaning to get round to doing. It’s complicated by the fact that although my net worth is low, I’m worth quite a bit more dead as work provides life insurance. This doesn’t exactly fall into the provisions of the will so I’m not sure how to proceed. Procrastination isn’t exactly getting me far though.
loading....
As EscapeVelocity has mentioned if you are putting your will in a Saftey Deposit Book ensure someone you trust (your executor perhaps) has access to your SDB. I work in retail banking and I have witnessed countless times when children of the deceased have come in looking for access to a parents SDB because they need to find the will. This can be further complicated if there is a fued within the family.
Remember you’re creating a will to so that your legacy can be distributed as you wish. You are also creating a will to make things easier for your benificiaries. So make it easy for them, make sure they know where your will is.
If your will doesn’t contain a list of your assets then I would recommend that you create a booklet that lists all assets, insurance and liabilities. I have had countless executor’s in my office asking if the deceased had an account with my bank.
loading....
We went to an attorney and got an uncomplicated will last year, including specifying who would take care of the kids, for $350, after spending $100 on a few copies of will-writing software over 6 years of parenthood and just not doing it.
We found the $350 well worth it, just to get it done.
loading....
My work is always making me update my will and make up a power of attorney and family care plan and whatnot. Geez. You’d think I had a dangerous job or something. I’m just in the Army.
Happy Halloween everybody!
loading....
I’m new to the world of personal finance blogging but I stumbled upon your blog and I really like it.
I am still in my 20s but I am also thinking about wills. I do have a personal pension — can I include that in a will?
loading....
Great article, perfect for Halloween.
For important document storage, I suggest a fire proof safe for the home. It is easily accesible and pretty secure.
loading....
We have a fireproof safe in the basement.
I got it from Target and it cost about $35.
I intend to make copies of the will (it needs updating!), and BCs and such to give to my parents. I have their documents as well.
We really need to update our will, but the cost seems so high! I think we’ll update it cheaply and save up for a good lawyer to help right a through will.
What other documents do people recommend? I’m a bit clueless in that area.
loading....
Suze Orman’s Women and Money book tells us to make a Living Trust. Just read the chapter on that. Wills are not sufficient. Just something to check out when you stop by the bookstore next time.
loading....
Trying to lighten things up a bit on the subject, I suggest watching “Who Framed Roger Rabbit?” to get an idea of the sort of chaos than can result from nonexistent or unsecured wills.
loading....
Having the lawyer hold the will came about (I suspect) because many people didn’t have a secure place to put it. That’s changed in the last 50 years, but then so did the lawyer’s reason for holding it- it became a marketing decision. If I’m holding the will, most people will return to me to have their will updated. My personal philosophy is that if people were satisfied with my services they’ll return because of that satisfaction. If they weren’t satisfied the last thing I want is an unsatisfied client returning with the possibility of making them even more unsatisfied.
Will storage in a safe deposit box earns a mixed recommendation from me. For a husband/wife situation it’s not a bad idea so long as both are alive and both on the box. Once one dies, however, the tendency is to not put someone else on the box. As a result, when Mom finally passes there’s no one with authority to get into the box to get the will and you have to get a court order to drill the box. That’s a pain in the backside.
Lastly, a word on trusts. Trusts are a wonderful thing for many people. But they’re not suited for everyone. The general rule that I use for advising people on whether they should have a trust is: The older you are, the more stable your assets, and the greater your wealth, the more likely you are to benefit from a trust. For the average 25 year old who has a spouse, checking account, modest 401k, two cars and a dog, unless they’re really ill, really wealthy or have some very specific estate planning objectives, they probably would not benefit from a trust and putting the client into one might well be more cumbersome than beneficial to the client.
loading....
I always wondered, can you write a will yourself and store it somewhere safe where someone knows where it is? Will that hold up in court?
loading....
Dave Ramsey recommends uslegalforms.com
Has anyone used it? Was it good enough?
-Charlotte
loading....
Dave Ramsey recommends uslegalforms.com
Has anyone had any experience using it? What do you think?
-Charlotte
loading....
My husband and I recently went to a lawyer for our estate planning needs. The final bill came out to be $1700 but our situation is somewhat complicated by DH having a son from a previous marriage and the birth of our pending baby. An interesting fact we learned from our lawyer is that if my DH had died without us having this all in place, his 12 y/o son would inherit two-thirds of our house and I would only inherit one-third; meaning I would have needed his ex-wife’s approval (on behalf of the son since he is underage) before I’d be able to sell OUR house! Yuk! We now have wills, a trust, POA, Medical POA, and a few other forms that escape me at the moment. I had purchased the forms at one time from uslegalforms.com and it was too far over my head so we went the lawyer route. Since we need a trust, we also have to update the documentation for EVERYTHING in our name (home deed, life insurance policies, 401k’s, bank accounts, IRAs) to list the family trust as the backup to each of us. We signed all of these forms at his office and the lawyer took care of sending them all out for us (except for the bank – we have to go there together in person). If your situation involves children, I would recommend a lawyer, just to make sure you get it done right. Because if you don’t it won’t be you that will suffer the consequences, it will be your grieving family members.
loading....
There are also options for creating a will online, instead of hiring a lawyer to do it for you. You’ll save a lot of money, compared to hiring a lawyer if you use on of these documents.
Here is one that I’d recommend (disclosure: I work for the company that provides this service): http://www.lawdepot.com/contracts/last-will-and-testament/
We also provide information about the importance of having a will, and when you need to look at updating your will (there are a variety of life events that can make updating your will necessary). You can check some of that information out here: http://wiki.lawdepot.com/wiki/The_Importance_of_a_Last_Will_and_Testament
loading....
If you do your own wills/other documents using legal software, do some research to make sure you have it witnessed and notarized in the way YOUR state requires to make sure it is legally valid. I know some states require two witnesses and notarized signature, I know at least one state requires three witnesses, I think it’s Vermont if I remember correctly. In Nevada, where I am licensed, two people must witness you signing the will and they must also sign the will. Also you do not want witnesses who are in any way related to you or who might end up being beneficiaries, because you want to avoid any potential conflict (also in some states that makes the will invalid or at the very least that person will not be able to inherit from you).
Here’s the low down on the documents I personally have provided.
The Will (last will and testament) is the document in which you designate who will inherit your property (real property and personal property) (“real” property being homes/land) and where you designate who you want to be the guardian of your children.
If you don’t designate a guardian and then you die, your child will go to the other biological parent (if living). If they aren’t living then a court would likely have to make a determination of who would be the guardian in the best interests of the children. This can get ugly, so just decide in advance and make sure that person is okay with your decision.
A living will is the document in which you let your family know your intent on what to do in the event you become incapacitated and terminally ill. If you become incapacitated and terminally ill and you want to be removed from life support in that situation, you need one of these documents. It resolves any dispute on what your intent is and it will allow your family to peacefully follow through with your wishes. (In some states this is called an Advance medical directive.) You will give this document to your family member and they can decide to give it to the medical care provider if necessary.
A durable power of attorney for health care is a power of attorney where you give someone else the authority to make health care decisions on your behalf if you are unable to make them yourself. It is different from the living will (although in some states everything is included in one document and not two, it depends on what software you use). Without this document, in most states your spouse (or parent, if you are not married) has this authority by law. Even though your spouse has this authority anyway, it’s a good idea to get this document because you can designate an alternate person – in the event you and your spouse are both in a car accident, unconscious, or whatever. You want to keep it updated with current phone numbers and give a copy to your family members in case of emergencies.
A springing general power of attorney is a power of attorney just like a regular power of attorney that you use to designate a person to take care of certain things for you in the event you become incapacitated (but obviously still living, like in a coma or something similar, no longer capable of making decisions for yourself) but it doesn’t become effective until you are in fact incapacitated. This is a good document to have IN CASE. It will make it easier for your family in the event anything happens, so they can pay your bills, sell property in your name, etc. (whatever you want to give them authority to do – although for financial transactions you will likely need a Special power of attorney because most financial institutions will not accept general powers of attorney- check with your financial institution for what they require).
Your life insurance is completely separate from your will. Whoever you have named as your beneficiary on your life insurance beneficiary form is the person who will get the life insurance. MAKE SURE THIS IS KEPT UP TO DATE!! I have heard stories of many military members who have gotten divorced, gone on to have new families, and forgotten to update this, then when they die everything goes to the ex-spouse and nothing to the new children.
It is a good idea to check your documents at least once a year to make sure they are accurate and up to date.
These documents are VERY important if you have children from a prior marriage or if your spouse has children from a prior marriage.
loading....
Sorry that was so long.
Another thing that is important to mention is that some states are community property states, and the way property is divided if the person does not have a will can get even more complicated. If I’m not mistaken these are the community property states: Nevada, California, Texas, Washington, Arizona, Idaho, Wisconsin, New Mexico, and Louisiana.
Another thing, Louisiana has really funky wills. If you live there I don’t recommend doing your own will. Go to an attorney to have them do it to make sure it is legally valid.
loading....
Just FYI, a “springing” power of attorney sounds like a wonderful idea, but if you’re in Oregon, Oregon doesn’t recognize such a creature. We keep bringing it to the legislature where it is promptly tabled for whatever reason.
loading....
We haven’t made a will because we can’t find a suitable family to raise our children. I know that sounds snobby, but we have some radical ideas about child rearing (attachment parenting, unschooling, allowing our children to make their own medical decisions, etc.) and don’t have friends or family who share all of our philosophies.
Financially, if my husband and I would both die, wouldn’t our money automatically be split between our children? Or if just one of us died, wouldn’t the assets go to our spouse automatically?
loading....
@Shelley:
As things stand, what will happen to your children if you die? My guess is that they will end up with one of your parents, or siblings. And there may be a custody battle.
Not having a will doesn’t mean that you won’t die, or that the right people will magically pop up. If you can only make the least bad choice at the moment, that’s still better than not making a choice at all.
loading....
You want to have power of attorney for health care (whatever it’s called in your state), not a living will.
Living wills usually only address a few very specific end-of-life medical treatments and generally place the decision authority with a physician (often the attending, whom you’ve probably never met before)
With a health care POA _you_ choose who makes medical decisions for you, so they can specify what you _would_ want as well as what you _don’t_ want in terms of medical treatment.
loading....
Why not give the will to the executor and copy to backup executor? I had a friend once who had made me her executor but I only found out about it through a casual conversation with her. Make sure the executor is someone who wants to be executor. Also many assets may go to beneficiaries designated on forms filled out long ago, these take precedence over what is in the will. Some property may automatically go to another person, depending on how titled (e.g.home) how banks accounts are co-owned etc. Also, Louisiana has laws automatically giving part of property to children under 24, even if your will says otherwise. You need to check the laws of succession in your state, sometimes spouse (as in LA) is far down on the list after various family members. Also the community property state issues need to be considered. Don’t just fill out some form before investigating these issues.
loading....
@katherine At the very least, you should have two legal documents in place, even with not very much money and no kids. Here’s a post I wrote on the 2 legal documents every adult needs: http://tinyurl.com/6hl63e
@moneygrubbinglawyer NO, never store a Will in your safe deposit box. It makes it very difficult for your family to access your safe deposit box after you die, if your Will is locked inside. We need your Will to access the box.
@Kevin L. Legalzoom can be a good start. Here’s my thoughts about whether the documents work: http://tinyurl.com/6k6wfk
@Shelley the more specifics you have re the way you want your kids raised, the more important that you make the decision. As things stand now, the decision as to who raises your kids would be left up to a judge to decide if something happened to you. If you are having trouble deciding, I have an article at http://www.choosetherightguardian.com that will walk you through a simple process that should help. If you still can’t decide, let me know.
loading....
Oh, and JD, sorry – I didn’t see your last question there regarding where should you store documents. Ideally, your lawyer should keep your Will in his fireproof safe. He’ll need the original when you die. If your lawyer doesn’t keep documents, I’d recommend a safe in your house and make sure your lawyer or close family or friends have the combination or a copy of the key.
Congratulations on getting your estate planning taken care of. But, why no Trust?
loading....
@Alexis, you make a good point. As was mentioned above, if you choose a safe deposit box it’s important to make sure that your executor has access. Whatever you choose, make sure that’s it’s secure against all threats- regardless of how many copies you may have, without the original will you may be out of luck.
loading....
How do I discuss what a will is to my child? Or explain why life insurance is so important withiout scaring him?
loading....
This was a great reminder to me that I need to get this done. I have one question though; the link you reference “this handy will-planning document [50k PDF]” gives me a 404 error. I realize that this is a year after your post, but this document seems like it would be VERY helpful. Can you repost? Email to me? Thanks for your time and this post.
- Dave
loading....
I recently purchased my will from LegalZoom.com. I am divorced & have divided my estate at 25% to each of my 4 adult children. My will is plain & simple, with no entanglements. Do the will’s produced by LegalZoom hold up is court in the state of Wisconsin? I don’t want my children to run into any complications after I’m gone. Please advise. I enjoyed all of the comments on your website, they’ve been very informative.
Thank you for your time.
loading....