Quick & Legal Will Book

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10th Edition

Quick & Legal

Will Book

Attorney Denis Clifford

TENTH EDITION

MAY 2023

Editor

JENNIE LIN

Cover Design

SUSAN PUTNEY

Book Design

SUSAN PUTNEY

Proofreader

JENNIFER ARTER

Index

VICTORIA BAKER

Printing

SHERIDAN

Names: Clifford, Denis, author.

Title: Quick & legal will book / Attorney Denis Clifford.

Other titles: Quick and legal will book

Description: 10th edition. | El Segundo, California : Nolo, [2023] | Includes index.

Identifiers: LCCN 2022046180 | ISBN 9781413330779 (paperback) | ISBN 9781413330786 (ebook)

Subjects: LCSH: Wills--United States--Popular works. | Wills--United States--Forms. | LCGFT: Legal forms.

Classification: LCC KF755 .C55 2023 | DDC 346.7305/4--dc23/eng/20230403

LC record available at https://lccn.loc.gov/2022046180

This book covers only United States law, unless it specifically states otherwise.

Copyright © 1995, 1999, 2003, 2006, 2008, 2011, 2014, 2017, 2020, and 2023 by Denis Clifford. All rights reserved. The NOLO trademark is registered in the U.S. Patent and Trademark Office. Printed in the U.S.A.

No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission. Reproduction prohibitions do not apply to the forms contained in this product when reproduced for personal use. For information on bulk purchases or corporate premium sales, please contact [email protected].

Please note

Accurate, plain-English legal information can help you solve many of your own legal problems. But this text is not a substitute for personalized advice from a knowledgeable lawyer. If you want the help of a trained professional—and we’ll always point out situations in which we think that’s a good idea—consult an attorney licensed to practice in your state.

Dedication

For my mother, Katherine Corbett Clifford. As her brother said when they were young, Not like the other girls.

Acknowledgments

Once again, writing and revising a Nolo book was a group effort and could not have been done without the contributions of many of my Nolo colleagues. Most of all, my new and wonderful editor, Jennie Lin, and my former superb editor, Betsy Simmons Hannibal. Also, previous editors Mary Randolph and Steve Elias; Mike Edwards and Ling Yu, of Nolo Press Customer Service, who gave time generously to read and review the original manuscript; and Nancy Erb for her wizard work with computers, doing the layout for the original book. Finally, I want to thank all my fellow Noloids.

About the Author

Denis Clifford is a lawyer who specializes in estate planning and practices in Berkeley, California. He is the author of several Nolo books, including Make Your Own Living Trust and Plan Your Estate. A graduate of Columbia Law School, where he was an editor of The Law Review, he has practiced law for many years and is convinced that people can do much of the legal work they need themselves.

Table of Contents

Your Legal Companion for Making a Will

1 Making a Basic Will

Is This Will Right for You?

Wills 101

Getting It Done

How to Proceed

2 Your Beneficiaries

Categories of Beneficiaries

Shared Gifts

Survivorship Period

Simultaneous Death

Imposing Limits on Your Gifts

Disinheritance

If You Want to Explain Your Decisions

3 Property Ownership

Basic Rules for Giving Away Property

Taking Stock of Your Property

The Beneficiary Worksheet

Types of Property Ownership

Marital Property

4 Children

Naming a Personal Guardian

Managing Minors’ Property

Other Concerns About Children

5 Your Executor

Choosing Your Executor

No Bond Required

6 Estate Planning

What Is Probate?

Avoiding Probate

Federal Estate Taxes

State Taxes

Second Marriages

Other Property Control Matters

Incapacity

7 Preparing the Draft of Your Will

Determine Which Form to Use

Instructions for Form 1

Instructions for Forms 3 and 5

Instructions for Forms 2 and 4

8 Preparing and Signing Your Final Will

Making a Final Version

Signing and Witnessing Your Will

Self-Proving Affidavits

A Sample Completed Will, Including a Self-Proving Affidavit

Letters of Explanation

9 Storing and Copying Your Will

Storing Your Will

Making Copies of Your Will

10 Changing or Revoking Your Will

When to Make a New Will

Making Simple Changes in Your Will by Codicil

Revoking Your Will

11 Going Further

Writing a More Complex Will

General Information on Estate Planning

Probate-Avoiding Living Trusts

Creating Documents for Health Care

Creating a Durable Power of Attorney for Finances

Using Lawyers

Appendixes

A Using the Downloadable Forms

Editing RTFs

List of Forms

B Forms

Wills

Beneficiary Worksheet

Additional Specific Gifts

Will Codicil

C Probate Exceptions by State

Index

Your Legal Companion for Making a Will

So, you’re thinking about writing a will—good for you! Many of us know it’s something we should do, but we just never get around to it. After all, we’re all busy and have lots of chores just waiting to be tackled.

Happily, if you’ve decided that now’s the right time to finally buckle down, you can make your will easily with the Quick & Legal Will Book. The basic wills in this book allow you to leave your property simply and clearly, without complicated and unnecessary legal jargon.

You can also use these wills to name guardians for your minor children and their property, including property you leave them. If you’re like most parents, you want to make sure that you choose the most caring, competent people to raise your children if something were to happen to you. And you also want to ensure that in that situation, a responsible person will manage your child’s finances. Preparing a simple will is the best way to name who you want to look after your minor children’s interests if you can’t.

You can feel confident about preparing your own will. For over 40 years Nolo has been the trusted name in do-it-yourself estate planning, and tens of thousands of people have made their own wills using Nolo resources. Following clear step-by-step instructions, you can prepare a will that leaves your property as you desire, provides for your minor children (if you have any), and names your executor—the person who will handle your estate when you die. After you prepare your final draft, sign your will, and have it witnessed, you can rest easy knowing that you’ve protected and provided for your loved ones.

Although most people will have no trouble making their own will with this book, it’s not for everyone. For example, residents of Louisiana and the U.S. territories should not use this book. (These wills are legal for residents of every other state and Washington, D.C.) Also, the wills in this book are basic legal documents that provide uncomplicated solutions to common estate planning concerns. If you are very wealthy, if you have complicated wishes for your property, or if you expect conflicts among your beneficiaries, then you should either opt for a more sophisticated estate planning tool or hire a lawyer for help.

That said, for most people, these wills provide everything you need to leave your property, name your executor, and provide for your children—without the need for an attorney. And when you’re finished, peace of mind will reward your effort. Good luck!

Get Forms Online

You can download all the forms in this book at:

www.nolo.com/back-of-book/QUIC.html

CHAPTER

1

Making a Basic Will

Is This Will Right for You?

Using a Basic Will

Making Your Own Will

Who Should Not Use This Book

Wills 101

Who Can Make a Will?

Will Requirements

Types of Wills

About Probate and Taxes

Getting It Done

How to Proceed

This book is for people who want to make a basic will—nothing complex, no frills, just a valid will that does the job. It is for people who want to leave their property outright (no strings attached) when they die to beneficiaries they have chosen.

Following the step-by-step instructions in this book, you can create your own basic will that:

leaves your property to the people and organizations you choose

names someone to care for your minor children

names someone to manage property you leave to minor children, including your own children, and

names your executor, the person with authority to make sure that the terms of your will are carried out.

This book contains five sample will forms that are valid in every state and Washington, D.C., with the exception of Louisiana (which has unique laws governing wills). These will forms have been carefully prepared to keep your work to a manageable amount.

Before you dive into making your will, first consider some preliminary will-making issues. First, is this the right will for you? The first section of this chapter will help you decide. Next, do you know the legal basics about making a will? Just to be sure, this chapter also gives you a quick tutorial of will law. Finally, how do you get started? The final sections of the chapter will show you how.

Is This Will Right for You?

The wills in this book work fine for many people, but not for everyone. Whether one of these basic wills is right for you depends on the size of your estate, the complexity of your family situation, and your estate planning needs. This section will help you decide whether or not one of these wills is right for your situation.

Using a Basic Will

Wills come in varying sizes and complexities. If you have a large estate and complicated wishes for your property after you die, you might pay thousands of dollars for a 50-page will or trust drafted by a lawyer. But if you have an average-sized estate (roughly, less than $1 million) and a simple plan for the distribution of your property, you may only need a four-page basic will that you can prepare yourself. This book shows you how to make that kind of basic will.

In fact, if you’re healthy, relatively young, and own property less than the threshold limit for federal estate taxes (see Chapter 6), a basic will may be the only estate planning you need, at least for now. As you become older or wealthier, a basic will may no longer be the most economical and efficient method for passing your property. At that time, you may want more sophisticated estate planning.

However, for now, if you have an average-sized estate and your plans for your property are fairly simple, a basic will document will work for you.

Living Overseas

You do not have to live in the United States to prepare a will that is valid in this country. To prepare a valid will if you live abroad, you must follow the formal will requirements presented in this book and maintain legal residence in a U.S. state. If you live overseas temporarily because you are in the armed services, your residence is the home of record you declared to the military authorities.

If you live overseas for business, education, or for the fun of it, you probably still have sufficient ties with a U.S. state to make it your legal home (domicile in legalese). For example, if you were born in New York, lived in New York, and are registered to vote there, then your residence is New York, for will-making purposes.

CAUTION

If your choice is not clear. If you do not maintain continuous ties with a particular state, or if you have homes in the United States and another country, consult a lawyer before preparing your will.

Making Your Own Will

Let me reassure you here at the start that preparing a basic will is not hard for most people. A basic will is a simple document used to transfer your own property to those you want to get it after you die. If you have a modest estate and simple wishes about what you want to do with it, you can make your own basic will.

Take a common situation, where both members of a married couple want to leave their property to the other spouse. If that spouse isn’t alive, then all property is to be divided equally between their kids. What the couple wants can be said in two sentences. Why should accomplishing their straightforward desire in a valid legal document be so difficult that an expert must be paid? This book is based on the truth that there’s no reason to involve a costly expert if a will writer has a simple estate and uncomplicated desires for what happens to that estate after death.

Now let’s look at a few real-life situations where a basic will from this book will work fine.

EXAMPLE 1: Nyrit and Jerome, in their 40s, own a home with a mortgage, two cars, and some savings. Their net estate totals $723,000. They have one child, Mark, age 12. Each prepares a will leaving all of his or her property to the other. If they die together, Mark is to receive all their property. Nyrit and Jerome agree that Nyrit’s brother Iraz will care for Mark and manage the property they leave him until he is 18.

EXAMPLE 2: Sam, a widower, owns property with a net worth of $723,000. He has three adult children. He creates a will leaving all his property equally to his children. He specifies that if any child dies before him, that child’s share is to be divided equally between the surviving children.

EXAMPLE 3: Barbara is a divorced mother with two teenaged children and an estate totalling $123,000. Her ex-husband is a good father to their children, but is not good with money. Barbara prepares a will leaving all her property equally to her children. Because Barbara does not want her ex-husband managing money she leaves to her children, she uses her will to appoint her sister Debbie to manage each child’s property until each child turns 18.

Who Should Not Use This Book

If you have any complexities in your family situation, your property, or your beneficiary plans, this book is not for you. I could go on for pages trying to define what complexities are, but I believe I can rely on readers’ common sense here. I’ll offer a few specific examples of situations where you’d need to consult a lawyer to safely prepare your will:

A child or family member has a disability or other special needs that you wish to address in your will when leaving that person property.