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A last will and testament is a legal document that lets you, the testator (the person making the will), designate individuals or charities to receive your property and possessions when you pass away. These individuals and charities are commonly referred to as beneficiaries in your last will. A last will also allows you to name a guardian to care for minor children. The main purpose of a will is to ensure that the testator’s wishes, and not the default laws of the state, will be followed upon the testator’s death.

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    FAQ

    Do I still need a will if I already have a Power of Attorney?
    Yes, a Power of Attorney only lets you give another person the authority to deal with your property while you are alive. Since a Power of Attorney will automatically end upon death, a Last Will and Testament is required in order to control how your estate is distributed after death.
    What is the best way to create a will?
    The best way to create your Last Will and Testament will depend on your personal circumstances. Since the LifeGuard Last Will and Testament Kit has been carefully drafted by lawyers and is ready to be customized with proprietary software, this is ideal for anybody looking to create a strong, legally binding Will from the comfort of their own home.

    Since Wills need to be periodically updated, the LifeGuard Last Will and Testament Kit makes it easy to review your Will at any time because your work is saved when you create an account.
    Why is a Last Will & Testament Important?
    A Last Will & Testament allows you to give instructions on who will get your property after your death, appoint the person who will administer your estate, and appoint a guardian for any minor children you may have. If you die without a valid Will, your property will instead be distributed by a court-appointed administrator according to a pre-determined formula (defined in state/province law). Without a Will, you would not be able to give your property to a non-relative or to exclude relatives. If you have no Will and there are no relatives at the time of your death, your property will go to the state/province.
    Can I give away all of my property in a will?
    You can give away most, but not all, of your property in a Last Will. Typically the following cannot be given away in a Will:

    Life insurance

    401(k) plan assets

    Pension plan assets

    Retirement plan assets

    Annuities

    Property held in a trust

    Matrimonial home held jointly
    What is the difference between a Last Will and a Living Will?
    A Last Will is used to distribute your property after your death and cannot be used to specify what type of medical treatment you want. In contrast, a Living Will (aka a Health Care Directive) allows you to specify your preferences for health care when you are no longer capable of giving consent yourself.
    Who Can Make A Last Will & Testament?
    Any person of legal age (usually 18 years of age) may make a Last Will, although an exception may be made if you are married, in the military, or have been legally emancipated. Additionally, most states require that you must be of “sound mind” to make a valid Will which means:

    You understand you are making a Will and you know what a Will is;

    You understand your relationship to the people mentioned in your Will; and

    You understand the types and amount of property you own and how you wish to distribute it
    The author, the publisher and the vendor of these forms makes no representations or warranties regarding the outcome or the use to which these forms are put and are not assuming any liability for any claims, losses, or damages arising out of the use of these forms. The user should not rely on the author or the publisher of these forms for any professional advice. Always consult with a lawyer regarding the rules and regulations governing your residing state/province. The information provided is for illustrative purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issues and concerns related to the drafting of wills and other legal documents. Remember that individual situations and estate planning needs differ, and this Kit may not be suitable for your specific circumstances.