{"id":39,"date":"2018-10-13T23:03:45","date_gmt":"2018-10-14T03:03:45","guid":{"rendered":"https:\/\/www.friedlawyer.com\/new\/?page_id=39"},"modified":"2021-11-03T15:50:39","modified_gmt":"2021-11-03T19:50:39","slug":"last-will","status":"publish","type":"page","link":"https:\/\/www.friedlawyer.com\/new\/last-will\/","title":{"rendered":"Last Will"},"content":{"rendered":"\n
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When you\u2019re ready to prepare your Last Will<\/strong> there are a few decisions you\u2019ll need to make before the documents can be prepared for your signature.<\/p>\n

One of the questions I’m sometimes asked is whether one will can be utilized for both a husband and wife if they are married. \u00a0The answer is no. Every person needs their own will, although many husbands and wives do have wills that name the same beneficiaries, etc. \u00a0These are sometimes referred to as mirror wills.<\/p>\n

If you have young children, you\u2019ll need to appoint a guardian in the event you and your spouse (if you are married) die in a common accident or disaster. \u00a0We suggest someone over the age of 18\u2013possibly someone that has children of their own, and lives nearby so the children can remain in their same school. \u00a0A sibling is often your best bet, but even grandparents can take this role if need be.<\/p>\n

If you have beneficiaries that are minors, you\u2019ll need to appoint a trustee that can manage those assets until the beneficiary reaches the age of majority (18) or older.<\/p>\n

You\u2019ll need to appoint an Executor and, perhaps, one alternate Executor. \u00a0The Executor runs the show and should be a person who can balance a checkbook and meet deadlines.<\/p>\n

Next you\u2019ll need to decide who gets your property. \u00a0Many people will divide their property equally amongst their children, but you may want to make special provisions for a child with special needs or a child with a history of substance abuse or depression.<\/p>\n

Usually when we prepare a Last Will we also will include a Durable Power of Attorney (\u201cDPOA\u201d)<\/strong>. \u00a0The DPOA is for managing your financial affairs if you are unable to do it for yourself, or just need a helping hand from one of your adult children or a close relative. \u00a0It\u2019s strictly for controlling money, bank accounts, investments, real estate, etc. \u00a0It can be as broad or as narrow as you please. \u00a0It’s durable because it remains “in effect” even if you’re suffering from dementia or mentally incapacitated. \u00a0But the DPOA becomes instantly invalid at the moment of death.<\/p>\n

For your Durable Power of Attorney we need you to suggest an Attorney In Fact and usually one alternate Attorney in Fact.<\/p>\n

Lastly we usually also prepare a Living Will, sometimes called a Health Care Proxy (\u201cHCP\u201d)<\/strong>. \u00a0This is the document that empowers a loved one, relative, or close friend to make health care decisions on your behalf. \u00a0We\u2019ll need you to name a person that can make health care decisions in the event you become incapacitated. \u00a0A spouse or adult child can often be a good “proxy”. \u00a0We also like to name an alternate proxy for this role.<\/p>\n

So here is a handy list for your first meeting with the attorney:<\/p>\n