Do it yourself - Living Will

Stacie Moor, a young women in her thirties is already contemplating about her mortality.  The thought of mortality, Stacie says, is mixed with many concerns, responsibilities and obligations. Stacie worries about her 10 year old daughter and who will take care of her in the case that imminent death came upon her.  She desires for her daughter, Nancy, to be brought up in a certain way with a family of her choice.  Stacie does not want to be kept on life support and wishes for her organs to be donated. Moreover, she desires for her assets to be distributed in a specific way. 

“If my time comes today” Stacie says, “None of my desired plans would be accomplished because I have nothing in writing and my family has no idea about what I want. I realize that I have to make a will but I do not want to spend excessive amounts of money on attorney fees to do this simple contract. I know I can probably do it myself but I’m just not sure how”. 

Two thirds of Americans do not have a last will and testament or a Revocable Living Trust.  According to statistics, most Americans have failed to take appropriate steps to protect themselves, their families and their property through proper estate planning.  Many Experts argue that the reason why few people do anything about estate planning is because the subject is inherently unpleasant.  Other say it is because Americans are lazy or irresponsible by nature. Yet, others argue that it is due to the distrust attributed to attorneys.  However, Almost all agree that the main reason why people fail to do estate planning is because of the hassle, inconvenience and possible the excessive attorney costs.

Lawyer Walter Sheen says that one can prepare his/her own will.  “Your ability to handle legal matters by yourself of course depends on your level of education, level of sophistication as well as your understanding of the subject.  If you want to prepare a Living Will or a Last Will and Testament where there is little or no real assets or property involved, you can find these forms at online websites at reasonable prices”. 

People these days can obtain from websites reliable forms to handle these simple legal matters such as a Living Trust, bankruptcy, landlord and tenants agreements, power of attorney, buying and selling deals, loan repayment and other legal matters. “You should seek legal counsel for serious legal issues such as accidents involving serious injuries and sexual harassment” Sheen says.

When you have taken the decision of preparing your own living will, these are the simple steps to follow:   

1. Download your will
2. Property: Make a calculation of what you own
3. Beneficiaries: Name your Beneficiaries (Those who will receive your property)
4. Executor: Name your Executor (someone you trust to handle your will and affairs)
5. Guardian: If you have children, choose a Guardian for them. That will be someone you trust and know can take care of your children.
6. Finalizing: Sign your will in front of witnesses (usually two) and store your will in a safe place.

David Cunningham

Return to top