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A Will is the Way: How to make sure your wishes are heard
Modern Maturity - March-April 1999

By Denise Couture

If you’re like many Americans, you don’t have a will. But in the absence of one, your estate will be distributed according to your state's laws, with results that may not be what you wanted. A properly prepared will can help ensure that your wishes-not those of the state-are carried out. You can name who gets your real estate, vehicles, savings accounts, stocks and bonds, jewelry or other valuables, or you can choose to have your estate divided among two or more beneficiaries, You can also name guardians for your minor children, an executor to carry out your wishes, and make any other provisions for, say, outstanding loans. You can even include items of sentimental value in your will, or you can list them in a separate letter (signed and dated) with specific instructions on what should be done with each to avoid conflict. You should review your will after any major life change, such as a move to another state; a change in family status, including birth, adoption, marriage, and divorce; or a major change in assets.

It's best to hire an attorney for help with a will, but it's not absolutely necessary. Their fees vary widely, depending an where you live, the size of your estate, and how complicated the will is. You should expect to pay from $150 to $300 for a basic but complete will.

Nolo Press in Berkeley, California, publishes a series of books and software on preparing wills that include forms legally acceptable far all states except Louisiana. Many states allow handwritten wills and same states have applied what are called statutory wills, blank will forms you purchase at statutory supply stores and the like and complete yourself.

Gregory Vitcox, an elder-law attorney in Northern California, says, that handwritten wills, software programs, and do-it-yourself guides are often adequate, but points out that you can create problems by using them.

"The problem is not invalidity or un-enforceability," he says. "It’s that peo-ple lack an understanding of the whole idea of wills, and they are impatient at reading through the instructions."

Theresa Meehan Rudy, program di-rector of HALT (Help Abolish Legal Tyranny), a Washington, D.C., legal- reform organization, says that you need to be certain you're getting a will that suits your situation. "It's best to stay away from boilerplate, one-size-fits-all wills." she explains. A married couple with children, for example, will need a different will than a couple without children

Rudy says that the best programs and books offer up-to-date legal information and a variety of options, and also tell you when you should contact a lawyer for help. If you belong to a pre-paid legal service plan it may include will preparation, Legal clinics, available in major cities, may also offer low-cost or, in some cases, free will preparation.

Once you've got a will, don't lose track of it. One elder-law attorney recommends keeping an unsigned copy of the wilt in an envelope in an obvious place. On the envelope, write down the location of the origina1 will. Wherever you choose to keep your will, be sure to tell your ex-ecutor, a trusted family member, or your estate planner.