Example Clause: In regards to my minor children Catherine Allison Doe, and Marcus Edgar Doe, they should remain in the care and custody of their father, Gregory Allen Doe, in case of the death of the demise of their mother, Jane Elizabeth Doe. In the case of their father’s demise, full custody will remain with their mother. In the event that both Gregory and Jane Doe are deceased, custody of the minor children will be transferred to Janet and Paul Frame, 123 North Street, Any City, State, USA. (Again enter and update contact information to make sure these people are easily located in the case of your untimely death.)
Once these main issues have been addressed you can go on to the distribution of your assets to your beneficiaries. If you are married the will should contain a clause that transfers all assets to the living spouse, and a second clause that transfers assets to other beneficiaries in the event that both spouses have passed away. This will help protect the living spouse in case other relatives try to inherit property and assets after the death of one of the spouses.
If you are single and have children, then most likely you will be leaving all of your estate to them through an equal distribution. To do this you can simply state that you leave you 50% of your estate to Child A and 50% of your estate to Child B. However, if you want to leave other items, or percentages of your estate to other people you will need to specify the exact distribution in this section of your will.
If you have any pets or livestock you will need to address them in your will as well. Most states define pets as personal property so you will need to leave them to someone who is willing to care for them. You may need, or want to leave money to help pay for their care.
One of the last things that you will need to address in your will is how your final debts and taxes should be handled. If you have an accountant or attorney that has handled your affairs in the past you include a clause in your will that assigns these last duties to them. The costs associated with these final services can be negotiated prior to your death in this situation, and may even be a pro bono situation or a reduced rate depending on your professional relationship. However, if you do not have an accountant or attorney, you will need to give your Executor instructions on how these things should be handled. In most cases, your final debts and taxes will be deducted from your estate before distributions are made to beneficiaries. The costs associated with taking care of these final issues can be reduced by having a plan in place to take care of things before you pass away.
Revisions can be made to your will at any time before your pass away. Who you assign as Executor and Beneficiaries do not have to remain in those positions if your situation and relationships change. If you want to make a change, you simply make the change on your document and date the revision accordingly. It is highly recommended that your review and update your will at least every 5 to 10 years, and especially after a major change in your life such as a marriage, death, divorce, birth, or change in financial position.