How to create a will for your personal estate. Establish a living will.

Last Will and Testament - Learn how to create a will for your estate with no fees, plus free advice about establishing a living will.

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Usually any person over the age of 18 who is mentally capable, commonly stated as "being of sound mind and memory, can make a will." Your state may impose additional requirements to make a will.

don't file bankruptcy

Don't burden your estate will unpaid bills...

What good is it to create a will if assets must be used to pay off creditors?

Personal Debt Settlement

If you have no apparent heirs and die without a will (intestate), it's possible the state may claim your estate. If you have young children, it's especially important to make a will to designate a guardian in the event of your death. Without a will, the court will appoint a guardian for your children. When you make a will include:

-Your name and place of residence

-A brief description of your assets

-Names: spouse, children, beneficiaries, charities or friends

-Alternate beneficiaries, in the event a beneficiary dies before you

-Specific gifts, such as an auto or residence

-Establishment of trusts, if desired

-Cancellation of debts owed to you, if desired

-Name of an executor to manage the estate

-Name of a guardian for minor children

-Name of an alternative guardian

-Your signature

-Witnesses' signatures

An executor is the person who oversees the distribution of your assets in accordance with your will. Most people choose their spouse, an adult child, a relative, a friend, a trust company or an attorney to fulfill this duty. You should expect your estate to pay an independent executor for this service. If no executor is named in a will, a probate judge will appoint one. Probate refers to the legal procedure for the orderly distribution of property in a person's estate. The executor files the will in probate court, where a judge decides if the will is valid. For valid wills, assets are distributed according to the will. If the will is found to be invalid, assets are distributed in accordance with state laws.

Responsibilities usually undertaken by an executor include:

-Paying valid creditors

-Paying taxes

-Notifying Social Security, other agencies and companies of death

-Canceling credit cards, magazine subscriptions, etc.

-Distributing assets according to the will

Preparing a will

Start by organizing what you need: outline your objectives, inventory your assets, estimate your outstanding debts and prepare a list of family members and other beneficiaries. Use this information to carefully consider how you want to distribute your assets. Ask yourself lots of questions: Is it important to pass my property to my heirs in the most tax-efficient manner? Do I need to establish a trust to provide for my spouse or other beneficiaries? How much money will my grandchild need for college? Do I need to provide for a child who has a disability?

Taking inventory of the assets may be the key when you make a will. Any items not specifically mentioned may be addressed in a catchall clause of your will called a residuary clause, which generally states, "I give the remainder of my estate to ..." Without this clause, items not specifically mentioned will be distributed in accordance with state law.

Outstanding debts usually will be paid by your estate before your beneficiaries receive their shares. You may want to clear up debts that you know will be a problem, or make specific provisions for payment of those debts in your will.

Remember to be specific and clear when naming beneficiaries. For example, state the person's full name as well as his/her relationship to you (child, cousin, friend, etc.) so your executor will know exactly who you mean. Clarity also helps prevent challenges to your will.

States require you to sign the will in front of witnesses. A witness should not be a beneficiary under the will. Only one copy should be signed.

You'll probably need to update your will several times during the course of your life. For example, a change in marital status, the birth of a child or a move to a new state should all prompt a review of your will. You can update your will by amending it by way of a codicil or by drawing up a new one. Generally, people choose to issue a new will that supersedes the old document. Be sure to sign the new will and have it witnessed, then destroy the old one.

What is a living will?

A living will is not a part of your estate will. It is a separate document that lets your family members know what type of care you do or don't want to receive should you become terminally ill or permanently unconscious. It becomes effective only when you cannot express your wishes yourself. If your state recognizes a power of attorney for health care, have one executed to authorize someone to act in accordance with your present intentions.

Discuss your wishes as reflected in your living will with family members, and be sure they have a signed copy.

Debt

Searching online for debt relief, may yield results for many links to websites that may say there are Federal grants available to pay debts. Some of the sites may ask for money in order to get the secrets or information for debt money. Many consumers have made the mistake of giving money and got disappointed that the government is not going to just send them a check in order for them to payoff their credit cards.

The idea that there are grants to get money to pay bills is appealing to many consumers, so appealing that they are willing to pay money. There are some examples of government help, for example, recent mortgage problems that millions of people have experienced, and being at risk of loosing their homes. The government assisted and provided some means, so people who qualified could try to keep their homes through a loan modification program. They did not step in and pay the mortgage, but provided a way that homeowners could try to keep their home by working out a better payment plan.

There are debt relief services that offer some effective and affordable solutions to consumers, in an effort to help them get debts under control, and there are usually some fees for this service. When people are not successful at reducing debts, debt relief services may be very helpful. When faced with high monthly payments that have high interest rates or accumulated late fees, some of these debt companies have helped people get rates reduced and late fees dropped.

One reason debt services are able to do this, is because they work with companies every day and negotiate between borrowers and creditors for something that will benefit both parties. After all, when borrowers file bankruptcy, a creditor may end up not getting paid at all. Many debt settlement companies are good at negotiating and can sometimes get creditors to settle for a much lower payoff than what is actually owed. Many of these companies require a specific amount of unsecured debt from applicants, it could require a minimum of around $10,000 or more in debt.

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StopChex.com Review - Copyright © 2007-Present StopChex (not affiliated with ChexSystems or eFunds, Inc.)

Opening a checking account with bad credit does not mean you will have difficulty getting approved if you failed to pay an emergency room bill or have been late with your credit card payments. Your credit bureau history is seldom checked. Banks rely on agencies that report on banking history instead. The two largest such agencies are ChexSystems and TeleCheck. If your last checking account was fraught with overdrafts or if the bank chose to close the account, you can assume that it was reported to one or both of these services. When you apply for a new account, the bank will obtain the report; while each bank has its own policy regarding approval, few will open a new checking account if there is a consistent history of problems. However, some banks offer what they call second chance banking, and if your report shows only one bad account, they will often approve opening a checking account.

Types of Bad Credit Checking Accounts

Most prepaid credit cards are actually checking accounts without the checks. You can have your payroll checks or government payments deposited into your account each pay day. You can also have your tax refunds applied with direct deposit, and most will allow you to deposit funds you have withdrawn from your Paypal account. To access your funds, you receive a debit card you can use to withdraw cash from an ATM or make purchases at the store. Fees are usually quite low for these accounts, and it is extremely rare for anyone to be denied.

Some bad credit checking accounts are more lenient in that they allow you to actually write checks as well as have a debit card. These can be a little more difficult to find, but they are definitely an option. Many will even provide your personalized checks at no cost to you.

Business bad checking accounts are available as well as personal ones. Not every institution offers every type of account, and you will have to evaluate the features and your needs. It may be preferable to have both accounts with the same firm, but you may also find that in some cases you will do better to use two different institutions.

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Chapter 13 Bankruptcy Filing Information and Procedure

A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor's current monthly income is less than the applicable state median, the plan will be for three years unless the court approves a longer period "for cause." (1) If the debtor's current monthly income is greater than the applicable state median, the plan generally must be for five years. In no case may a plan provide for payments over a period longer than five years. 11 U.S.C. §1322(d). During this time the law forbids creditors from starting or continuing collection efforts.

Government Home Owner Assistance

Government Home Owner Assistance - Struggling Home Owners Could Benefit from FHA and HAMP Plan

What Is A Debt Management Plan

Learn what is a debt management plan (DMP) so you'll know if it or debt settlement is best for getting bills under control. Download our free budget tools and expense tracking software.

Debt Management Plan Advice

Review our free debt management plan advice. In a DMP, you deposit money each month with a credit counseling organization. The organization uses these deposits to pay your credit card bills, student loans, medical bills, or other unsecured debts according to a payment schedule they’ve worked out with you and your creditors.

Bad Budget Blues

When your budget plan fails. Budgets are great but they can be just as difficult to follow as a diet plan.

Savings Plan Retirement Pension

Defined Benefit Pension Plan: This plan is also know as a traditional plan where an employer puts money aside for you. The amount received at retirement depends on how long you worked for the company and how much you earned. Benefits are usually guaranteed and paid when retirement age is reached and you no longer work.

More Easily Understand Credit Card Agreements

ConsumerFinance.gov developed a shorter, simpler credit card agreement that spells out the terms for the consumer. Note that this is not a model form, and use is not mandatory. This simplified approach will help consumers better understand their credit card agreements.

Auto Financing Loan Terms

Learn auto financing jargon and terms used by auto loan lenders and car dealerships.

Online auto loans better than car dealerships

Online auto loan is better than a car dealership loan, and can help you avoid financing scams.

Auto Refinancing Lower Payments

An auto refinancing loan not only offers an easy secured cash loan, it can also save money if you lower payments by reducing interest rates.

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Credit Tip: Can't Pay Bills? Even bad credit people have options, including: *refinancing an auto loan to lower monthly payments or to use the equity to payoff higher interest accounts like credit cards, *mortgage refinancing for money to pay bills, a *balance transfer credit card to eliminate interest for the introductory period, *consolidating debt and; for those who are too deeply in debt, *negotiating debt settlements to chargeoff a percentage of balances owed. There's always hope and options, like *filing bankruptcy when all else fails. And don't forget the basics of *creating a budget to prevent debt from piling up yet again.

How to create a Will for your personal estate.