Making a will might seem like a daunting task, but we promise it’s more straightforward than you think. The first step is often the hardest—deciding to get started. The second step is simply gathering some information.
To help you feel prepared and confident for your initial consultation, we’ve put together a simple checklist. By gathering these five key items ahead of time, you’ll be ready to complete the pre-consultation worksheet we send you. This makes your complimentary 90-minute meeting with one of our attorneys even more productive, ensuring our time is focused on your specific concerns, goals, and our professional recommendations.
1. A List of Your Key Assets
This isn’t about creating a detailed, item-by-item inventory. Instead, we need a high-level overview of the most significant things you own. This helps us understand the scope of your estate and how to best distribute it according to your wishes.
What to list:
- Real Estate: All properties you own (your home, a vacation home, etc.)
- Bank Accounts: A general idea of your accounts (checking, savings, etc.)
- Investments: Brokerage accounts, stocks, bonds, retirement accounts (401k, IRA)
- Valuables: Any high-value assets like art, jewelry, or vehicles
Why this is helpful: By listing these items on the worksheet, you’ll give our team a clear picture of what needs to be protected and distributed. We’ll then work with you to create a plan for each of these items.
2. Your Beneficiary Choices
This is often the most important part of the will-making process. Think about who you want to receive your assets and what you want them to receive. It’s okay if you’re not sure about every single item; we can discuss specifics during our meeting.
What to decide:
- Primary Beneficiaries: Who will inherit the bulk of your estate?
- Specific Gifts: Is there a particular heirloom or item you want to leave to a specific person?
- Charitable Donations: Do you wish to leave a gift to a charity or non-profit organization?
Why this is helpful: By considering your beneficiaries in advance and noting them on the worksheet, you’ll be able to tell us your wishes clearly, ensuring your final legacy is exactly what you envision.
3. Guardians for Your Minor Children and/or Pets
If you have minor children or beloved pets, a will is the only way to legally name a guardian for them in the event of your passing. This is a profound act of love and one of the most critical reasons to have a will.
What to decide:
- Guardian for Minor Children: Who would you trust to raise your children and manage their inheritance? It’s wise to name a primary choice and a backup.
- Caregiver for Pets: Who would you want to take over the care of your animals? It’s also a good idea to consider setting aside a small amount of money in your will to cover their care.
Why this is helpful: Completing this section of the worksheet prevents a court from making this deeply personal decision for you. It gives you, and your loved ones, a powerful sense of security.
4. Your Personal Representative & Successor Personal Representative
A Personal Representative (also known as executor) is the person responsible for carrying out the instructions in your will. They’ll handle everything from paying off debts to distributing your assets. This person should be someone you trust implicitly.
What to decide:
- Personal Representative: Choose a trusted friend, family member, or professional who is organized and reliable.
- Successor Personal Representative: Name a second person to take on the role in case your first choice is unable or unwilling to serve.
Why this is helpful: Naming a Personal Representative streamlines the entire legal process after your passing, making it much easier for your family during a difficult time.
5. Your Final Wishes
While not legally binding in a will, having a conversation about your final wishes is incredibly important. You may choose to document these with an advance directive. We can provide you with an easy tool to help you with the documentation process. Here’s the thing about an advance directive (often called a “living will” in other states) in Massachusetts: you’re right, it isn’t legally binding in the same way a Health Care Proxy is. Massachusetts law does not officially recognize it as a stand-alone legal document. However, that doesn’t mean it’s without significant value. In fact, it is one of the most compassionate and important things you can do for your loved ones. To learn more about an advance directive, follow this link.
While the document itself doesn’t carry legal weight, it serves a crucial purpose: it is the clearest, most direct way to communicate your personal health care wishes to your loved ones and your doctors.
What to think about:
- Burial or Cremation: Do you have a preference?
- Memorial Service: Any specific requests for a service, if you want one?
- Digital Assets: Do you have a plan for your social media accounts, email, and photos?
Why this is helpful: While not a legal requirement for your will, discussing these items with us can help us draft a comprehensive plan that brings your family clarity and peace of mind on all fronts.
Ready to get started? Once you have a handle on these five things, you’re more than prepared for your first meeting. The goal isn’t perfection; it’s progress. Contact us today to schedule your consultation. We’ll send you the worksheet, and you’ll be on your way to securing your family’s future.