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By Steven Pradell

Probably the last thing you want to think about is your own death. Most of us would rather enjoy our lives than plan what happens once we are no longer living. However, if you have or will accumulate property or possessions, during your lifetime, it may be important to think about who should receive it now, before something unexpected happens to you.

If you die without a will, the state will determine who will inherit from you. Suppose that you are married but separated at the time of your death. The state may give your spouse some or all of your assets, despite the fact that at the time of your death the two of you may not be on good terms. Is there something special, such as a record collection, or a piece of artwork, that you would like to give to a certain person or organization after you die? Without a will, the state will automatically decide who all of your goods belong to.

Wills are easy to create. There are form wills than can be purchased rather inexpensively. However, many estates are more complex and may require the help of a professional to insure that your wishes are carried out. Attorneys can draft a will for you that is tailored to your own specific needs. Some of the issues that should be addressed in your will include the following:

•Who are the people or others who should receive my inheritance (these are called beneficiaries.)

•Is there any relatives of mine who do not want to inherit from me?

• Who should be the Executor of my estate? This person will handle your affairs in distributing assets and paying debts.

•If a child is to receive a share of my inheritance, should a trust be set up so that an adult can make important decisions until the child is an adult? If so, a trustee should be named. If your children are not of adult age when you die, should a guardian be named in your will to care for them in your absence?

•If the Executor or Trustee I choose can not serve in this role, are there others who can do this?

•How are expenses such as funeral costs and inheritance and other taxes going to be paid?

•Do you want to be cremated or buried? Do you want your ashes scattered over Mount Iliamna or in another special place?

Once your will is drafted, it should be signed (executed) and notarized in front of witnesses. You can change or destroy your will freely until you die. Once a new will is created, you should destroy any prior wills. Store your will in a safe place. The probate office of the courthouse can keep your original will and any revised or new wills for you for a small fee. It can be retrieved by your Executor upon proof of your death upon a showing of proper identification.

Having a will can save your loved ones from arguing about who should receive what after you die. It can help to insure that those you love receive what you intend. Make sure that you tell your Executor, Trustee and Guardians in advance about their potential roles in carrying out your will. You may want to share information about the will with them, such as where your assets are located, and, most importantly, where the will is stored.

It is probably wise to consult with an attorney prior to executing a will so that you can have all of your legal questions answered.

Steven Pradell is an Anchorage Attorney with a practice emphasizing wills and probate, family law, personal injury, and criminal law.

© 1997 by Steven Pradell, Esq.

The law office of Pradell and Associates provides low cost consultations in the areas of family law, criminal law and probate law. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529. This article is not intended to provide legal advice and should not be relied on for that purpose.