How to Write Your Own Will When You Have Minor Children How to Write Your Own Will When You Have Minor Children?

What is a Will?

Definition of a Will or Testament

“A will refers to a legal document which specifies and instructs what one wishes to do with their personal assets in case of their death”.

In addition to that, who will receive the guardianship of your children is also mentioned in the course of writing a will. It’s about determining how your assets and family will be taken care of after you die.

What is the purpose of a will?

Most people frown at the idea of writing a will, and keep on procrastinating it, but unfortunately death is not always announced. A will gives you the freedom to opt for the best possible candidates eligible to receive your property and take care of your children until they’re ready to look after themselves.

In order to avoid future disputes over property and child guardianship, it is prudent to outline your wishes and preferences so that matters are executed in the best interest of everyone. Without a will, the state law will be entitled to decide for your property distribution which can be against your wishes had you been alive. Also, in the absence of a will, the judge decides who will raise your children.

Do you need to write your will yourself?

If you possess a very simple estate, own no real property or other valuable property, hold only one or two small bank accounts, and have no minor children, you can easily draft your own will, with the help of a relevant book, software package or available online services.

But in case your property is very extensive, you own real property and other assets, have minor children, then it’s advisable to consult a lawyer who is well- versed with the state law and can assist you in charting out a more systematic will.

How do I write my own will when I have minor children?

In case you’re wondering how to write your own will when you have minor children, following steps will help you carefully write a valid and a sound will.

Pinpoint your name and existing address

Perchance your name is “Myra Cruz”, there could be dozens of other Myra Cruz sharing your name. So be specific, and do mention your address clearly so in the case of you relocating to another place, there will be no ambiguity concerning your will. Include your date of birth and Social Security Number in the will.

Mention clearly that you possess a sound mental health and are able to execute your will

If you don’t mention this clause, anyone can knock you down in the court and try play hanky panky with you. Your will should look like this:

Last Will and Testament of Myra Cruz
I, Myra Cruz, attest that I am of sound health and possess the capacity to execute my will
Explicitly state that you are nullifying all previously made wills and supplements if any

Straightforwardly state that you are abrogating all previous wills and appendixes if ever executed in the past such as

I, Myra Cruz, hereby invalidate all past wills and codicils that I implemented previously.
Nominate an executor and enlist their duties

An executor is a person who handles the property and executes your will after your death. This could be your spouse, sibling, cousin or a friend. Obtain their willingness before assigning any job to them.

Enlist their forthcoming duties such as paying off your debts, taking care of the funeral expenses and taxes, and paying for the estate administration charges. This won’t leave any room for heirs for any future share deductions or modifications. Also, mention the name of an alternate executor if the first one passes away or is not available for any reason.

Mention a Guardian’s Name for Your Minor Children

When it comes to how to write your own will when you have minor children, the most critical element of writing such a will is to carefully choose a guardian for your minors as they will be spending a great deal of time with them long before they’re ready to look after themselves.

Seriously sort out all details and determine the willingness of your chosen guardian to take care of your minor children before you mention their name in the will. Catering for your minor children’s needs is a twofold task: firstly, providing for their physical custody as to who will be looking after the minors, and secondly who will be providing for their financial needs.

Often these two tasks are handled by two different people, or at times, only one person gets to take care of the impending tasks. Many times, parents create an independent financial trust for the minors to cater for their expenses that is handled by the trustee of the trust, who may or may not be the guardian of the children.

In case you decide for a married couple as being your children’s guardians, mention both their names.

Illustrate the Specifics of Heirs

Clearly illustrate in your will the names of your intended beneficiaries without any haziness. Do mention the name of alternate heirs in the case of their death. If you want to disinherit any specific person such as your spouse, discuss its repercussions so as to avoid any intervening against you in the court.

Elucidate Your Assets Clearly

An important aspect of writing a will is to clearly differentiate between estate assets; those that have already been allocated to heirs, and those which are yet to be assigned in the case of your death.  At times, there are assets that are not included in the course of writing a will such as joint ownership of property.

If you happen to own assets which are in a foreign country, exclude them from those assets which are in your home country and make a separate will for them, since every country have their own inheritance laws and policies. If you try to sew all assets together that can create serious complications, so try to keep such assets vivid and separate.

Conclude with Personal Signatures

You should end your will by signing in the presence of witnesses so as to make your will authenticated and a proof that it was actually written by you. Current date and day should also be mentioned.

Signatures of the Witnesses

At least two candidates who witnessed your will should include their signatures with the current day and date. Their full names and addresses should be mentioned too. You must also add the line that these witnesses witnessed your will, are adults who possess sound mental health and that they were under absolutely no pressure to have signed your will.

Now that you’ve read in detail how to write your own will especially when you have minor children, it must have become easier for you to decide upon writing a will on proper time instead of delaying it and ending up with future squabbles. So be wise, and carefully jot down all the points in methodical order to keep everything smooth and steady even when you’re not present in this world.