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Your will is your means of transferring property and settling affairs after your passing. If you’re concerned about who to leave your belongings to or who should care for things after you're gone, it's important to work with an estate lawyer to make sure the document is airtight. Below are some of the most important items to include in your will.

What to Include in Your Will

1. The Executor

Your executor, or personal representative, is the person who will administer the terms of your will. They will pay any remaining debts and owed taxes out of your estate, make an inventory of your possessions and file it with the court, maintain any property included in your will, and distribute bequests. This role is a significant commitment, so name someone you trust with the responsibility and with your belongings. Anybody over the age of 18 is qualified to be an executor. Many people choose their spouse, child, a friend, or even their accountant or estate lawyer.

2. Guardians

estate lawyerIf you have minor children, make sure to name guardians to take care of them if you should pass away. Without a valid will, the law will determine who raises your children or cares for your pets. Before adding guardians to your will, discuss the matter with each person to make sure they agree to accept the responsibility.

3.  Recipients of Personal Assets

Explain who should get which personal items and how you want other assets divided. Refer to recipients by both name and relationship — for instance, "my daughter, Jane" or "my friend, Sylvia Brown"  — to avoid confusion. Be sure to name alternate recipients in case the named individual is unavailable or refuses the bequest, for some reason. In addition, name a person to receive the remainder of your estate, as unnamed items might otherwise go neglected.

 

 

If you need an experienced estate lawyer to help you draft a will, contact MacVean, Lewis, Sherwin & McDermott in Middletown, NY. They have served clients in and around Orange County since 1885. In addition to trusts and estates, they also offer services in divorce, commercial litigation, unlawful termination, and employment law. Visit their website to learn more about the firm or call (845) 343-3000 to consult with a knowledgeable estate lawyer.  

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