You may not have written your will because you do not know how to begin.

First, inventory the property you own. List the property you own, how it is owned, and estimate its value. Be sure you legally own all properties you are considering in your will. Some jointly owned properties you have may transfer according to the deed and, thus, cannot be willed. If property is held in a tenancy in common, only your share can be willed. If property is held in a joint tenancy with rights of survivorship, the person surviving receives the property.

Go over your deeds and property titles with your attorney if you have doubts about ownership. Go over your property list and decide whom you want to get your property. Be sure you give full names and addresses of the heirs. List the debts you owe and the debts owed to you. Include how much is owed, who is owed, and how payments are being made. Someone you know and trust may help you get this information together.

In your will, you may appoint an administrator or executor of your estate and give that person the authority to execute the affairs of the estate. Executors are appointed by a court if there is no will, and the court sets fees to be paid to the executor. The duties of the executor include retaining a lawyer, setting up a record of accounts for the estate, collecting and paying bills for the estate, handling all the paperwork for the estate, helping with the distribution of property, and filing tax forms and paying any taxes owed.

In your will, list specific gifts to specific people, and also specify the distribution of your residual estate, the part of your estate left after specific gifts have been given.

If you are married, you may want to include a simultaneous death clause in your will, assuming which spouse dies first if deaths are determined to be simultaneous. Although this would be a rare occurrence, it offers protection when property distribution would be affected by the deaths.

Parents may select guardians for minor children. The choice should be a mutual decision between the parties involved.

The work you can do before you get an attorney saves money if the attorney charges hourly rates. Inventorying your properties, getting records together, and giving thought to what you want to include in your will reduce the time your attorney has to spend on your plans. Legal advice is needed to ensure your plans and documents are legally correct and you have considered alternatives.

A letter of last instruction should be available to your executor. This letter could include funeral arrangements; a notification list; reasons for unusual statements in the will if there are any; names and addresses of guardians, executor, trustee, and lawyer; and any other records and information that would help settle your estate.

Remember, a will is important to you and your heirs, but having a will does not reduce estate taxes.

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