Creating a Will: What to Expect
Will Intake: What to Expect
What to expect when creating your initial will and the information to bring with you
When scheduling a will package intake most people ask the same question: “What Information Do I need to Bring?”
To understand what to bring, we should first talk about the documents in a will package. Before having your initial consultation with an attorney, review this information to make sure you are fully prepared.
Our will packages at Trainor Law PLLC consist of 4 documents:
Last Will and Testament
Power of Attorney
Health Care Proxy
Living Will
These documents each work in different ways.
Will package documents
The Power of Attorney, Living Will and Health Care Proxy are all documents that are used while a person is still living. Once a person dies those 3 documents become inactive, and the Last Will and Testament becomes effective.
The Health Care Proxy – Gives another person(s) the ability to make healthcare decisions on your behalf, and in accordance with your wishes, if you are unable to do so on your own.
The Living Will – This document is effective at end of life and gives you the opportunity to spell out your decisions about your end-of-life care. It is used when you are in a coma or incapacitated state with no reasonable chance of regaining consciousness or recovering. It gives you the ability to make your end-of-life wishes known with respect to medical interventions you would or would not want. With this, you are also able to choose to be an organ donor in addition to whether you want life-sustaining measures taken. This Document also lists your primary physician’s information.
Power of Attorney – This document allows another person(s) of your choosing to be able to make financial decisions on your behalf. You do not need to be incapacitated for this document to be operative – it is effective upon execution. It allows the “Agent (s)” you choose to be able to “step into your shoes” and make any financial decisions on your behalf and in accordance with your best interests. The Power of Attorney is only effective while you are alive.
The Last Will and Testament – This Document only become effective upon death. This document contains your last wishes and intentions and how you would like them carried out. In this document, you can list specific bequests or specific items that you would like to give to a specific person or people. This is also the document that you would name a guardian and a trustee for your minor children if applicable. You would appoint an Executor who will oversee your estate and the distribution of your assets after death.
Each of these documents names a person or multiple people of your choosing to act as your “agents” to have the capability to either make decisions for you or to carry out the wishes you have already made for yourself.
When you come in for the initial intake, the attorney will explain the documents and answer any questions that you may have. They will ask you to provide the names, addresses and phone numbers of any agents that you will want to name or any specific bequests you would want to make.
Please contact Trainor Law PLLC if you are ready to create your will package and schedule a consultation.
This article is intended to be educational and is not intended to be legal advice, which can only be given after an attorney-client relationship is established.
