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Common Questions About Wills
Why do I need a will? A Will allows YOU to specify how your assets will be distributed after you die. If you do not have a Will your property will be distributed using a rigid formula in accordance with your state's laws. If you have minor children, a Will allows you to appoint a guardian for them. If you do not have a will, a court will decide who your children's guardian should be.
Why use LegacyWriter™?
Simple and fast LegacyWriter's™ sophisticated easy-to-use web site allows you to create a customized will instantly.
There's no waiting You can complete and print your will in minutes OR we'll print it on bond paper and ship it to you.  It's your choice.
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Can married couples create a joint will? The most common practice for married couples is to create two Wills. Couples will often create Wills that 'mirror' each other, leaving the bulk of their property to each other and naming the same alternate beneficiaries, executors, guardians, and trustees. A less common approach is for couples to create a single 'joint Will'. Joint Wills do not take effect until the second spouse dies but cannot be changed after the first spouse dies. This can result in an outdated will that does not reflect circumstances at the time of the second spouse's death. Joint Wills cannot be created using LegacyWriter™.
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What makes a will legal? A Will must be properly signed (executed) in order to be legal and valid. The process of signing a Will is not difficult. Basically, a Will must be signed in the presence of two witnesses (three in Vermont). You will receive detailed instructions with your document for signing a will in your state.
Is my state supported? LegacyWriter™ creates Wills for 49 states and the District of Columbia (Louisiana is not included at this time). Each state has its own laws about Wills and estate planning.
Does a will need to be notarized? No, a notary is not required in order to create a legal and valid Will. A notary is required in order to make your Will "self-proving".   
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What is the process for creating a Will? Note: The general requirements presented here are for informational purposes, you will receive detailed easy-to-follow guidelines for signing your Will in your state with your order.

The process for creating a Will requires attention to detail but is not difficult, you CAN do it yourself. Here are the basic requirements:
  • A Will must be in writing.
  • A person creating a Will must sign it with the intent of creating a Will.
  • There must be two witnesses to the signing of a Will.
The following are NOT requirements:
  • A Will does not need to be notarized.
  • A Will does not need to be filed with a court or any other agency.
  • A self-proving affidavit does not need to accompany a Will.
  • A Will does not need to be printed on a specific type of paper.
Witnesses:
All states require that there be two witnesses (three in Vermont) to the signing of a Will. To be competent as witnesses, they must be over the age of 18 and must have the mental capacity to know that they are acting as witnesses to the Will and would be competent to testify regarding the signing of the Will.

Self-Proving Affidavit:
A self-proving affidavit appropriate for use in your state will be included with your Will if you live in a state that accepts one. A self-proved Will may be admitted to probate after your death without the testimony of your witnesses. This affidavit is included for completeness and though they are commonly signed, it is not required that the affidavit be signed in order for your Will to be valid. A notary's signature is required on the affidavit. The affidavit may be completed at the time of the signing of the Will or at a later time, and should be kept in a safe place with the Will.

After the Signing:
After the Will is signed; it should be placed in a safe place known to others. You may make photocopies of the Will and make these copies available to select people, such as the individuals or organizations named in your Will. Because of the likelihood that you will make changes to your Will in the future, you should be wary of providing copies of it to all of the people named in the Will. You should review your Will periodically, especially when your family or economic circumstances change substantially.
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