Wills in Washington: Questions, Answers and Options

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WILLS IN WASHINGTON
QUESTIONS, ANSWERS, AND OPTIONS
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WHAT IS A WILL?
A will, sometimes called a last will and
testament, is a legal document.
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Washington law allows you to make specific
choices through your will that you cannot make in
any other way
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WHAT CAN YOU DO WITH YOUR WILL?
There are several key choices you get to make
when making a last will and testament Here are
some of the most important
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Leave inheritances when you die
Choose someone to become a guardian of your young
children
Direct the creation of a trust to hold property
until your children are old enough
Nominate someone who will manage your property
after you die until it can be transferred to new
owners
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WHAT IS AN ATTESTED WILL?
The state of Washington allows people to create
different types of wills, but an attested will is
the most common and least problematic
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Legal Requirements
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ARE THERE OTHER TYPES OF WILLS?
Washington also allows for oral wills, but not
handwritten wills
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Oral Wills (called nuncupative wills)
You can create an oral will simply by voicing
your choices in the presence of witnesses
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You can only make an oral will to dispose of
personal property worth no more than 1,000
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However, if you are member of the Armed Forces
you can also use an oral will to dispose of your
wages or personal property.
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WHO CAN MAKE A WILL?
The ability to make a last will and testament is
known as capacity
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In order to have capacity in Washington you must
meet specific requirements
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ADULT Only someone age 18 or older can make a
will
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SOUND MIND You can only make a will if you have
the mental capacity to make choices and
understand their effects. Most people have legal
capacity, but if a court has determined that you
are incompetent or you are suffering from a
medical condition that makes you unable to make
knowing choices, you do not have capacity.
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WHAT IS A TESTATOR?
Anyone who makes a last will and testament is
referred to as a testator
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Sometimes the word testatrix is used when a
woman makes a will, but testator is often used
to refer to either men or women To be a
testator you must have capacity
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WILL CLAUSES
Wills can include any number of clauses
While state law imposes specific requirements,
there are a range of optional clauses that,
though not necessary to create a legally valid
will, are very important
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Choosing a Representative
After you die, someone will have to manage your
affairs and take care of your property until it
can be distributed to new owners
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This person is known as an executor or personal
representative
You can choose whom this person is by nominating
that person, as well as alternates, in your will
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Guardian
If you die someone will have to care for your
young children
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This person is known as a guardian, and you can
select whom you want this to be in your will
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Testamentary Trust
Your young children will not be able to legally
own any property you leave to them until they are
adults
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You can use your will to create a trust that will
manage that property until your children are old
enough
You can also select a trustee who will manage the
property on behalf of the children
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Pour-over
If you create a will to complement a living
trust, you can create a clause that says all of
the property you leave behind will be transferred
to the living trust to distribute
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NOT HAVING A WILL
The main reason people should create a will is
because you have legal choices that you can only
make through your will
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Washington Chooses
If you fail to create a will the state of
Washington has adopted laws that effectively make
your choices for you
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Only by creating a will can you ensure that your
choices are honored
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Family Conflict
A will allows you the chance to not only help
your family by giving them property, but it also
gives you a chance to make sure that they know
what you want after you die
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If you dont leave a will and specifically
address the important choices you can make, your
family may end up fighting because they cannot
agree about what you would have wanted
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DO I HAVE TO REGISTER MY WILL?
Even though the state of Washington has a will
repository, you do not need to use it in order to
create an effective last will and testament
NO
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Someone will have to submit your will to a
Washington probate court after you die, but you
do not need to register your will with any
government office before then
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CAN I CHANGE MY WILL LATER?
ABSOLUTELY
A will is simply an expression of your choices
If you create a will and later change your mind,
all you have to do is update the will to reflect
your new wishes
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Revocation
If you want to completely get rid of your will
you can revoke it
You can revoke your will by either physically
destroying it or making a new will that
specifically states the old document is no longer
valid
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New Will
You can choose to create a new will at any time
as long as you remain of sound mind
You can change any or all of your prior choices
when you create a new will
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Codicil
Codicils are will amendments that you can use to
change mistakes or terms in the previous will
Codicils have to meet the same legal requirements
as your will, and are typically used to make
minor changes
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ACT NOW
Far too many people delay making a will because
they believe there will be time to do it later
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This procrastination can cause significant
problems for your family
Its always better to act now even if you dont
believe you have a lot of property to give away
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A GOOD PLACE TO START
While creating a will is an excellent choice, it
is not enough A good estate plan contains many
key elements that address specific legal issues
not covered under your last will and testament
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Medical Wishes
A living will is a document in which you state
the kind of medical choices you would want to
receive if you are disabled
Living wills and wills are not the same thing
You can also create a durable power of attorney
in which you name someone to represent your
medical wishes if you are incapacitated
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Financial Management
Someone will also have to manage your financial
affairs when youre incapacitated, and because a
will only applies after you die, you cannot use
your will to appoint someone to this position
You can, however, create a financial power of
attorney to do this
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Other Elements
Planning on long-term care, creating trusts that
minimize estate tax burdens, and other issues
that youll need to consider with tools other
than a will
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