If you are married and live in a common law state, you can bequeath any property that includes your name on the deed, registration papers, or any other document proving title. [1] X Research source If you live in a community property state, 50% of all assets you accumulate during the marriage belong to the spouse. [2] X Research source The other 50% is yours to distribute. The nine community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. [3] X Research source Contracts such as prenuptial agreements and trusts can also affect what you can legally distribute in your will. [4] X Research source [5] X Research source Be sure you examine any of these contracts to determine your obligations.

For example, if you want to give 25% of your assets to your mother, you can simply state “To my mother, Tara Smith, I bequeath 25% of my estate. " If you are disposing of your assets in an awkward manner, for example giving everything to someone that is not in your family or giving everything to someone you have not known long, you should always speak to an attorney.

For example, you may write: “To Tara Smith, I give my house at 123 Cherry Lane, and to Bob Jones, I give 50% of the remainder. ” As the example illustrates, you should be as specific as you can be when making a disposition. Be sure you include any identifying information that will help an executor or judge dispose of your property.

For example, you might write: “To my mother, Tara Smith, I bequeath 5% should she survive me; otherwise the share of Tara Smith shall pass instead to Bob Jones should he survive Tara Smith and myself. ” If you do not name someone else to receive the gift, it will “lapse” and be put back into the general pot.

Be aware that you cannot condition a gift on some illegal action taking place or on something that has been deemed against public policy. For example, you cannot condition a gift on someone getting married to a certain person.

An attorney can review the will you write, provide you with witnesses and ensure that you have met your state’s requirements. This can be a costly option depending on your attorney’s fees and how complicated your will is. Using an online resource will automatically ensure that your will is written according to your state’s requirements. [6] X Research source Online will writing services generally cost between $60 and $100, depending on how complicated your will is. When you write your own will, you will need to know your state’s requirements and decide how to fulfill them. You can write your own will and be responsible for making sure it fulfills your state’s requirements. Be aware that state laws can change from year to year, so the process may be more complicated than you think.

Identify yourself by name, Social Security number, and address. If you don’t have a Social Security number, provide a different form of ID, such as a driver’s license or state ID number. You may also include your date of birth to further identify yourself.

Most often it is argued that a testator had dementia or another sickness that prevented him or her from understanding the effects of the will. Include this statement: “I declare that I am of legal age to make this will, and that I am of sound mind. ” You can also videotape the execution of the will to put to rest any future allegations of incapacity.

The executor distributes assets and property according to your will. Because executors are so frequently asked to handle assets in a professional manner, you should try to select an individual with a background in business or law. [11] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source Include a provision that looks something like this: “I hereby nominate, constitute and appoint [executor’s first and last name] as Executor. If this Executor is unable or unwilling to serve, then I appoint [backup executor’s first and last name] as alternate Executor. ”

Consider storing your will in a safe at your home or in a safety deposit box at your bank. Many people give their wills to an attorney for safekeeping.