What Is a Last Will and Testament, and What Does It Do?

Quick Answer

A Last Will and Testament is a legal document that explains what you want to happen to your property and belongings after you die. It can also name the person you want to carry out those wishes and provide important instructions for your family.

At Hometown Senior Solutions, we use a will template created by a local attorney and help clients complete the personal information the document requires. We are not attorneys, and we do not provide legal advice.

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What Does a Will Actually Do?

A will gives you a way to put your wishes in writing instead of leaving your family to guess.

Depending on your situation, a will can help identify:

• Who you want to receive your property and belongings

• Who you want to handle your estate

• How you want certain personal items distributed

• Important wishes you want your family to know

• Information you may want included in a memorandum for personal belongings

For many people with relatively simple estates, having these decisions documented can provide much-needed clarity for the people they leave behind.

Why Is Having a Will Important?

Without written instructions, decisions about your estate may be handled according to state law rather than according to what you would have personally wanted.

A will can also reduce uncertainty for family members during an already difficult time.

Instead of leaving questions like:

Who did Mom want to have this?

Who is supposed to handle everything?

Did Dad ever say what he wanted?

your wishes are written down in one place.

A will cannot eliminate every possible disagreement or complication, but it can give your family clearer direction.

What Information Will I Need to Complete a Will?

When completing one of our attorney-created will templates, it is helpful to have some basic information ready.

That may include:

• Your full legal name

• Your current address

• Your spouse's name, if applicable

• The names of your children

• The people you want to name in important roles

• Your wishes for how certain property or belongings should be handled

• Information you want included in a personal memorandum

You do not need to understand the legal language in the document before your appointment. The legal wording is already included in the attorney-created template.

Our role is to help you work through the personal information the document asks for.

What Is a Memorandum?

A memorandum can be used to provide additional instructions about certain personal belongings.

For example, someone may want to specify that a particular piece of jewelry, family keepsake, piece of furniture, or other sentimental item should go to a specific person.

This can be especially helpful when certain belongings have emotional or family significance that may not be obvious to others.

The exact way a memorandum applies to your situation can depend on the document and applicable law, so questions requiring legal interpretation should be directed to an attorney.

Is a Will Only for People With a Lot of Money?

No.

Estate planning is not only for people with large estates.

Even someone with a relatively simple financial situation may still have:

• A home

• A vehicle

• Bank accounts

• Personal belongings

• Family heirlooms

• Sentimental items

• People they want involved in handling their affairs

The purpose of a will is not simply to divide wealth. It is to put your wishes in writing.

Why Not Just Print a Free Will From the Internet?

There are plenty of free will templates online, and for some people, that can look like the easiest option.

The problem is that downloading a form does not necessarily tell you:

• Who created the document

• Whether it was written with your state in mind

• Whether the language is current

• Whether you are completing it correctly

• Whether the document fits your situation

• Whether you have followed the proper signing and witnessing requirements

A free online form can also leave you staring at unfamiliar legal language and wondering what you are supposed to put in each section.

At Hometown Senior Solutions, the will template we use was created by a local attorney.

That means you are not simply finding a random document online and hoping it is appropriate.

We also sit down with you and help you work through the personal information the document requires, including names, addresses, family information, personal wishes, and other details included in the template.

That does not mean Hometown Senior Solutions is providing legal advice or replacing an attorney.

It means you have a professionally created starting point and someone helping make the paperwork itself less intimidating.

For someone with straightforward estate planning needs, that can be a much more comfortable process than downloading a generic form and trying to figure everything out alone.

Who Is Our Will Template Best For?

Our attorney-created documents are intended primarily for people with relatively straightforward situations.

They may be a good fit for someone who:

• Has a relatively simple estate

• Wants to put basic wishes in writing

• Has straightforward family circumstances

• Does not own complicated business interests

• Does not have foreign property or foreign financial accounts

• Does not need extensive trust or tax planning

• Does not expect significant conflict among family members

There are situations where working directly with an estate planning attorney is the better choice.

That may include people with:

• Significant or complicated assets

• Business ownership

• Foreign assets or accounts

• Complex trusts

• Complicated tax-planning needs

• Blended-family issues requiring individualized planning

• Concerns that family members may challenge or dispute their wishes

• Other circumstances that require individualized legal advice

If your situation is more complicated than our templates are designed to handle, we would rather tell you that and point you toward the appropriate professional.

Is Hometown Senior Solutions a Law Firm?

No.

Hometown Senior Solutions is not a law firm, and our team members are not attorneys.

We do not provide legal advice, interpret the law for you, or tell you what legal decisions you should make.

The estate planning documents we use were created by a local attorney. Our role is to help you complete the personal information requested within those templates and make the process easier to navigate.

If you have questions about how the law applies to your specific situation, need individualized legal advice, or have a complicated estate, you should speak directly with an attorney.

Do I Need to Have Everything Figured Out Before I Make an Appointment?

No.

You do not need to arrive knowing every legal term or having every decision perfectly organized.

It is helpful to think about your family, the people you trust, and your general wishes ahead of time, but you can begin the process even if you still have questions.

For many people, the hardest part is simply deciding to get started.

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Frequently Asked Questions

What happens if I die without a will?

If you die without a valid will, state law generally determines how your estate is handled and who may inherit your property.

That may not always match what you would have personally wanted.

A will gives you a way to put your wishes in writing instead of leaving those decisions entirely to state law.

Because inheritance laws vary and individual situations can be complicated, questions about what would happen in your specific situation should be directed to an attorney.

Do I need a will if I don't have a lot of money?

A will is not only for people with large estates.

Even if your finances are relatively simple, you may still have a home, vehicle, bank accounts, personal belongings, family heirlooms, or sentimental items that you want handled in a particular way.

A will can also identify the person you want responsible for carrying out your wishes.

Does a will cover everything I own?

Not necessarily.

Some assets may pass outside of a will depending on how they are titled or whether they have designated beneficiaries.

For example, certain jointly owned assets, retirement accounts, insurance policies, or other accounts may be handled differently.

If you have questions about how a specific asset would be treated, you should speak with an attorney or other appropriate professional.

Can I leave specific belongings to certain people?

A will may allow you to specify how certain property should be distributed, and a memorandum may also be used for certain personal belongings depending on the document and applicable law.

For example, you may want a particular piece of jewelry, family keepsake, or sentimental item to go to a specific person.

Questions about what can legally be included in a will or memorandum should be directed to an attorney.

What is an executor?

An executor, sometimes called a personal representative depending on the state, is the person responsible for carrying out the instructions in your will and helping manage your estate after your death.

This can include responsibilities such as handling paperwork, paying certain expenses, and distributing property according to the will and applicable law.

Choosing this person is an important decision, and Hometown Senior Solutions cannot tell you who you should select.

Can I name one of my children as the executor of my will?

You may be able to name an adult child or another trusted person, depending on the document and applicable law.

The best choice depends on your family, your estate, and the responsibilities involved.

If you are unsure who would be appropriate for your situation, an attorney can provide legal guidance.

Can my spouse and I use the same will?

Generally, each person has their own will.

Even married couples often complete separate documents because each person has their own wishes, property, and legal document.

If you have questions about how you and your spouse should structure your estate plans, speak with an attorney.

Can I change my will later?

Wills can often be updated when your circumstances or wishes change.

People may revisit their estate planning after events such as a marriage, divorce, birth, death in the family, move, major financial change, or simply a change in their wishes.

The correct way to update or replace a will can depend on applicable law, so legal questions about changing an existing will should be directed to an attorney.

Does having a will avoid probate?

Not necessarily.

A will provides instructions for how you want your estate handled, but having a will does not automatically mean your estate will avoid the probate process.

Whether probate is required depends on factors such as the type and value of assets, how they are owned, beneficiary designations, and state law.

An attorney can explain how probate may apply to your particular situation.

Where should I keep my will?

A will should generally be kept somewhere secure but accessible to the people who may need it.

It can also be helpful for a trusted person to know where the original document is stored.

Because rules involving original documents can matter, questions about the best way to store or distribute your will should be directed to an attorney.

Should I give copies of my will to my children?

Some people choose to tell trusted family members where their will is stored, while others may choose to provide copies.

There is no one answer that is right for every family.

If you are unsure what is appropriate for your situation, speak with an attorney.

Is a handwritten will valid?

The rules for handwritten wills vary by state and circumstance.

Because validity can depend on very specific legal requirements, Hometown Senior Solutions cannot determine whether a handwritten will would be legally valid.

That is a question for an attorney.

Is an online will legally valid?

An online or downloaded will may be valid in some circumstances if it meets all applicable legal requirements.

The challenge is knowing whether the document was designed for your state, whether it fits your particular situation, and whether it has been completed and executed correctly.

At Hometown Senior Solutions, we use a template created by a local attorney rather than relying on a generic form found online.

We are not attorneys and do not provide legal advice, but we can help make the process of completing the attorney-created template easier to navigate.

Do I need an attorney to create a will?

Some people with straightforward situations may use attorney-created templates, while more complicated estates may require individualized legal advice.

If you own a business, have significant or unusual assets, have foreign accounts or property, anticipate family conflict, need trust or tax planning, or otherwise have a complicated situation, working directly with an estate planning attorney may be more appropriate.

Is Hometown Senior Solutions giving me legal advice when helping with my will?

No.

Hometown Senior Solutions is not a law firm, and our team members are not attorneys.

The will template we use was created by a local attorney. Our role is to help you complete the personal information requested in that template, such as names, addresses, family information, personal wishes, and other details.

We do not interpret the law, recommend legal strategies, or tell you what legal decisions you should make.

Ready to learn more?

You can schedule an estate planning appointment with Hometown Senior Solutions to talk about whether our attorney-created documents may be appropriate for your situation.