Creating a Will and Power of Attorney

For some unknown reason {life being crazy}, I wrote this post in the beginning of 2014 and never posted it. I suppose it’s fitting since we talking about doing it for two years and it took me a year to post it…

After two years of talking about it, we finally signed our Will and Power of Attorney. We went to our lawyer to do our Will and Power of Attorney documents. We decided to go to him even though there are plenty of forms online. It’s an uncomfortable conversation and thing to do, so we decided to work with a professional to ensure we did everything the right way and we thought everything through.

Steps in getting your Will done:
First, we had a face-to-face meeting to have our lawyer go over the standard Will and Power of Attorney. We answered his questions and made decisions so he could draft up the documents.

    • Who will have custody of the children? Who has financial responsibility (if it’s not the same person)? What happens to the money – does it go into a trust? At what age do children get their share of money? How do you split up shares of money between children?
  1. Before he drafted the documents, we each had conversations with individuals who we wanted to be on the Will or Power of Attorney. (We each have our own Power of Attorney that falls back onto our respective parents if the spouse is not able to act as Power of Attorney.)
  2. Review the documents for questions or changes.
  3. Go into the office and sign them in front of a witness.
  4. Purchase a safety deposit box.
  5. Put the Will in the safety deposit box.
  6. Put the Power of Attorney documents in our Legacy notebook. (Step 6b. Create a Legacy notebook.)*

We’re still working on items five and six. We may need to set a goal for ourselves given our history between steps three and four. 🙂

*What’s a Legacy notebook? It’s a central location for all the important stuff. For example, we have legacy folders for each of our children. This includes doctor phone numbers, medical records, etc. What we haven’t done yet is create a legacy folder for our family. Essentially, this is all the information that someone will need if something were to happen to the spouse who handles all of the finances and mortgage, etc., or if something happens to both of us. These folders should help others run our house and family. Something we didn’t know before, the Power of Attorney document goes in our home, where someone can access it quickly and easily. In a critical situation, you don’t want someone to wait for bank hours to get into a safety deposit box.

What’s next?

After we put all of our documents in their designated safe places, we need to update our electronic records. We need to update our human resource files to reflect the secondary beneficiary. We will update it to be the trust name. So, the primary is our spouse and secondary is our trust. Because we have the trust set up, it will ensure that money is handled in the manner we decided. We also need to update our life insurance policy for a secondary beneficiary and also our IRA profiles. Essentially, we need to update everything to reflect the trust as a secondary beneficiary so everything points to the Will as the dictating piece. Instead of each system reflecting something different. I assume this information can be found online, but this has proven to be one of the biggest reasons why choosing a professional was the right thing for us. We’re in unknown waters now and don’t know how everything works for (or against) each other.

It was hard reading that first draft of our Will and Power of Attorney. No one wants to think about the unexpected turns life can take, but I feel a huge sense of relief knowing that there’s a plan. If the unexpected does happen, I can live every day until then knowing what will happen with my children and family. It’s not a fun thing to consider, but it is so very important.

My final note: I am in no way an expert (and obviously not a professional!) on this matter. This is my experience as I understand it based on our situation. If anything, hopefully it brings up some questions about how or what you need to consider. And gives you enough information to seek out a professional. I know it’s easy to do things with the Internet, but it’s not always the best way to handle legal matters. Pay a professional to know their job and to take care of you!

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Creating a Will and Power of Attorney

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