Filling Out the Will Information Worksheet

In this video, experienced Rochester estate planning attorney Robert Friedman outlines filling out the Will Information Worksheet.

  • Have you completed the Will Information Worksheet that we sent you?
  • Yes, here it is
  • How many children do you have?
  • Four, but I don’t want to leave anything to my son, Joe, because I haven’t seen him in 20 years. Can he contest the will if I leave him nothing?
  • No, as long as the will is properly executed and you have testamentary capacity.
  • What is “testamentary capacity”?
  • Testamentary capacity means that you understand what a will does, heirs, and property owned.
  • What does it mean that the “will must be properly executed?
  • This means it is signed before two witnesses whom we provide. There is a presumption if proper execution if an attorney is present.
  • How much does a basic will cost?
  • $79 per will. Who do you want as a trustee and guardian appointed for your 12 year old daughter Jane?
  • Why does Jane need a guardian and trustee?
  • If you and your husband die, she needs a legal guardian until she turns 18. We recommend that a trustee be appointed until the ages of 22-25.
  • Do you want us to hold your original will in safekeeping?
  • What are my options for safekeeping and what do most of your clients do?
  • Most with clients allow us to safekeep their will. Other options include surrogate safekeeping or storing it somewhere at home.
  • Who are the beneficiaries and contingent beneficiaries in your life insurance policy?
  • My husband and I have no contingent beneficiaries. Can I change beneficiaries in my will?
  • We recommend you contact your insurance company. If no beneficiaries, life insurance will be payable to estate, instead of directly to beneficiary. This is an example of a non-probate asset.
  • I own our lake cottage jointly with my brothers. What happens to the cottage when I die?
  • Probate if TIC. Nonprobate if JTWRS, life estate deed or living trust
  • Does my Will have to go through probate when I die?
  • Probate- assets/ process
  • Do you want your husband as executor and one of your children as executor?
  • Yes- my husband. Can I name Jim in Seattle and Mary in Buffalo as alternate co-executors?
  • Yes you can- but inconvenient with Jim being on the West cost.
  • What does an executor do?
  • Debts, Assets,
  • Can I name you as my alternate executor?
  • Yes- attys can and often serve as executor
  • Does my estate have to pay taxes when I die?
  • NO ET, but IT
  • Do you and your husband have a poa?
  • Why do I need a poa?
  • Incapacity- financial
  • Do you and your husband have health care proxies and living wills?
  • I’m in great health . Aren’t I too young to need a health care proxy and living will?
  • All ages. Famous cases women in 20’s/30’s Schiavo & Quinlan.
  • Do I need a second appointment to finalize my Will?
  • Yes- drafts in a few weeks and call us with corrections and ????

If you have questions about filling out the will information worksheet, contact our experienced Rochester estate planning attorneys for any questions or further guidance. 

Let our experience work for you.