New Mexico Personal Planning Forms

How do I get a Will created for my husband and myself?

A. You can locate a Will for your State that is for married persons and choose that fits whether you have children. The Personal Planning Bundle also has you Will, Power of Attorney and living will.

Is it necessary to have my Will notarized?

A. With the exception of Louisiana, it is not required that you have your signature notarized in any state. You may still need a Notary so as to execute the Self-Proving Affidavit. When a Will is presented to the court to be probated, the first question is proper execution. Our Wills include any required Certification form are Self-Proving Affidavit used in that state.

I wish to make changes to an existing Will. What form do I use?

A. An existing Last Will and Testament can the amended using a form known as a codicil. A codicil is an instrument that specifies the provision to be modified and the new provision. It is executed in the same manner as the existing will. Typically, this means two witnesses and the execution of a self-proving affidavit.

Basic changes such as providing for a new executor can be easily made using a codicil. If the amendments or changes are more extensive it might be well to consider executing an entire new instrument. Remember, the will must state its provisions with sufficient clarity for the court to determine the wishes of the testator. Frequently, this is easier done when executing a new instrument.

Do I list life insurance policies on my Will?

A. You can mention life insurance and the beneficiaries you named in the policy but it is not necessary. If you named your estate as the beneficiary you need to specify who is to receive the proceeds in your Will.

How is my estate distributed to contingent beneficiaries (minor/adult children if both parents are deceased?

A. All proceeds of the estate would be put in trust for the benefit of the minor children by your trustee, or directly distributed to adult children/beneficiaries.

How can minor children be listed as beneficiaries (primary or contingent) on a life insurance policy?

A. You can list beneficiaries to share together or contingent meansing if the first dies it goes to the other.

Does a new Will void a living trust?

A. NO, not unless the Will revokes the trust if it is revocable.

Do I have to list everything in Art. 3 of my Will?

A. Art. 3 is for specific bequests only. If everything goes to the same person/people, you do not need to list anything in Art. 3.

Can I name the same person as trustee, guardian, and executor on my Will?

A. Yes. If you name your spouse as your executor, the alternate executor can be the same person as the trustee and/or guardian.

If my children are now adults, do I need to do a new Will?

A. Not for that reason only. If you move to another state, or if your marital status changes, it is recommended that you execute a new Will. If you already have a Will with them named as you desire it is not necessary.

What signatures are required for a Wills?

A. A Will is signed by you and 2 witnesses all in the presence of each other. If you complete a Self-Proving Affidavit also a notary would be present and notarize the self-proving affidavit.

What do I do with my Will after it is complete? Must it be filed with the state?

A. You keep your original in a safe place. You may choose to let someone know where it can be found, and you can give a copy to someone if you wish. In some States you can file your Will with the Court before your death. We can provide you the information for your State.

What is the difference in a Will, Living Will and Living Trust?

A. The Will lets you indicate what happens to your estate after your death. The Living Will lets you indicate your preference regarding life support, in the event you are in a critical condition and unable to let your wishes be known. A Living Trust allows you to establish a Trust to transfer assets out of your personal name into the name of the Trust, while you are living.

I want to include my minor grandchildren in my Will. How do I do that?

A. You can leave them something in Article 3. Also, "per stirpes" in a Will means that if the parent dies, his/her inheritance goes to their children (your grandchildren).

A. A self-proving affidavit is not required to make your Will valid but it makes probate easier if it is done at the time the Will is made.

There was an error on my wife's Will, and she lined through the error and signed beside it. Is that OK?

A. Yes, if the correction was made prior to signing, witnessing, and notarizing. If you need to amend an existing Will to make a correction make a new Will or a Codicil.

What is the meaning of "per stirpes?" It was used in my Will form.

A. "Per stirpes" is a term used in Wills to describe how property should be distributed when a beneficiary (who has children) dies before the testator, or Will maker. Here's how per stirpes works.

"A"leaves his house jointly to his daughter Jayne and his son John. John dies before Jayne, leaving three young children. John's Will states that heirs of a deceased beneficiary are to receive the property PER STIRPES: Jayne will receive one-half of the property, and John's three children will share his half in equal shares.

Per stirpes contrasts with "per capita," another way of distributing a dead beneficiary's gift. Here's how per capita works:

Like the example above, but John's Will states that the property should be divided PER CAPITA: Julie and the three grandchildren will each take an equal share - one fourth.

My husband and I are retired. We have a home in Illinois that we rent out. We travel across the country 12 months out of the year. Our vehicle is registered in Illinois and we have driver's license from Illinois. We have our mail sent to our daughter in Iowa and she forwards it to us at "General Delivery" wherever we are headed next. What state do we use in ordering our Will?

A. As a general rule, you would order a Will that is state specific to the state of your residence. You establish your residence when you move to a state and it is your intent to remain in that state. Your temporary absence would not change your residence if it is your intent to return to that state. Therefore, Illinois would be the appropriate state when ordering your Wills.

How do I make my Last Will and Testament a legal document?

A. Most states require that you sign the Will in the presence of 2 witnesses who are adults. They should not be related to you by blood or marriage nor can they be mentioned in the Will. A notary is also required to notarize the self-proving affidavit.

Can I use one Will for both me and my spouse?

A. We offer individual Wills not joint. However, you can choose our Mutual Wills package. Also all of our Wills can be mutual when done by a Husband and Wife.

Can we have the Wills reviewed by someone once we complete them?

A. Yes, we do offer document review for Wills. Once you complete the forms you would be given an email address to send them so they can be reviewed by our legal professionals.

Can I draw thru or white out on something on my Will that I want to change?

A. If the Will has already been signed and witnessed no you can't. You would have to re-do the Will or amendment it using a Codicil.

I am looking for a form agreement where husband and wife agree not to modify or revoke Wills.

A. Yes you can use a Contract to Make, not revoke or not to modify a Will.

The Will I received in the mail says it is designed to be completed on the computer, but I don't have a computer, I don't understand how to complete it.

A. We can complete it for you if you order or upgrade to preparation services and mail you the completed form.

Does my wife have to sign my Will?

A. No, your wife does not sign your Will. You just sign it in the presence of the witnesses and notary if applicable.

Do I have to notify someone that I am leaving them something in my Will?

A. You definitely can but it is not required.

My mother lives in another state, can I order her a Will and help her with it?

A. Yes, you can order her a Will. She should complete it based on her own wishes and not yours or the Will might be challenged if it favors you and there are other heirs.

Can your Will combo for husband and wife be used by same sex couples? You guys should consider changing the wording of the forms, not that same sex marriage is legally protected.

A. Yes. You can modify as needed. Also choose the Wills for other Persons and that will work.

What does Testatrix mean?

A. It is the legal term for the personal representative or executor of a Will who is female.

If I have a Trust do I still need a Will?

A. Yes you do. You need a "pourover" Will so anything you have not moved to the trust will be addressed.

Do I have to leave something to my son? I have 2 children and I want to disinherit my son.

A. Yes but it is best that you leave the child a minimal amount such as $1.00 in the Will and indicate there are no provisions for the child. Louisiana may have different laws on this.

I'm pregnant and interested in completing a will. I'm not sure how to answer the children question. Do I say zero children and change it after the birth?

A. You could state you are pregnant and what you leave to your child or state if I have a child on the date of my death you leave to the child the property you desire.

Does a Will cover what happens to my children if my wife and I both pass? Does it contain a Right of Guardianship?

A. Yes. Your Will allows you to name a guardian of your children in this situation.

I've procrastinated on completing our last will and testament. Now my spouse is in the hospital under sedation, what can I do?

A. She cannot complete a Will unless she is competent. If she become competent she can exeute one. You can execute your Will.