How to Write a Senior Will

Your will should be made in writing.

Seniors face a range of decisions when preparing for estate planning situations. To whom do you want to leave your property? Who should oversee your estate? Seniors can address many of these concerns by drafting a valid last will and testament. Though the laws of wills vary widely and you should always talk to a qualified attorney when making such a document, you can be well prepared for the process by taking certain steps into consideration.

Instructions

1. Research the law and talk to a lawyer. A last will and testament is one of the most important documents you can make when making plans for your estate. Because the laws covering this topic vary from state to state and can be very complicated, you should always talk to an attorney, or at least research the law before attempting to create any legal document. Try to find an attorney who is not only knowledgeable at wills but who can aid you in the creation of an estate planning strategy.

2. Inventory your assets. If you want to make individual gifts of your property, first come up with a list of what you own, as well as what debts you have. Determine who you want to receive your property, and how much. If you are writing your will as part of a larger estate planning strategy, be sure to take into account any assets placed in trust or given as gifts.

3. Write it down. Your will should be in writing. While some states allow for oral wills in some situations, all states allow you to pass on property by drafting a written will. You don't have to write the will yourself, but you do need to be of sound mind, meaning you must be able to prove you are capable of making your own decisions. Also, if you are unable to sign your own will due to an infirmity, you can direct someone else to do so on your behalf, though you must make sure you have this witnessed.

4. Name the executor. The person you appoint to oversee your estate after you die is usually called an executor. It is up to the executor, sometimes called a personal administrator, to distribute your estate assets, not the court. Make sure you name a trustworthy person to act as your executor, as well as someone who is likely to survive you, or name alternate executors that aren't also senior citizens.

5. Sign and witness the will. Once your will is finished you must sign it in the presence of at least two witnesses. If you are unable to sign the will, you can direct someone to do so on your behalf. The witnesses witness you signing the document and should be people who do not stand to inherit through the will or through the laws of intestate succession. Try to choose witnesses who are likely to be around to testify that they witnessed your signature, so other senior citizens would probably not be a good idea.

Tips & Warnings

• If you don't write a will, state law already determines how your property is divided. Each state has laws that govern who gets your property after you die, but these laws only apply if you don't decide for yourself by making a last will and testament.

References

• Oklahoma Bar Association: Senior Citizens Handbook
• Nolo: The Simple Will

Resources

• Public Legal Forms: Last Will and Testament