Last Will and Testament

A Last Will and Testament is a simple document that outlines what happens to your assets at death. All Essential Plans come with a Last Will and Testament. See how the Will(s) contained in the Essential Plans operate by reading below.

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The Basics

A will is a document that outlines how a person's estate and assets will be distributed upon death. Unlike trust, wills are not living documents (they only come into effect after death) and must go through probate. however, wills can be useful for individuals with relatively simple estates.

For a will to be valid, generally three things are required:

  1. The will must be writing
  2. The will must be signed by the testator (the person making the will)
  3. The will must be witnessed by two "disinterested witnesses"

Wills can also be "self-proving," meaning that wills can be notarized. This is important because if the will is not notarized, in the probate proceeding, the witnesses to the will must testify that the will was signed properly. Luckily, every GoGo Estate will comes with a notary affidavit to allow the will to be self-proving.

Who Should Have an Essential Plan?

Generally, the following types of customers could benefit from having an Essential Plan:

  1. Those with less than $250,000
  2. Those with adult children or no children at all
  3. Those with simple estates

The Details

The Will included in our Essential Plan covers a wide range of matters, including the appointment of a personal representative. The personal representative (sometimes called the "executor") is the person responsible for handling the estate and shepherding the will through probate.

The Will also includes distribution provisions. Prior to distribution of probate assets, the personal representative must pay any remaining debts, taxes, and expenses out of the testator's estate. Once those are paid, then the personal representative can distribute the remaining assets.

Some states allow for the testator to keep a separate written list disposing of tangible personal property. You can see which states allow this type of planning here. If your state allows this, the Will included with your Essential Plan will have such a list. If you don't keep a list, or if a list isn't allowed in your state, your designated beneficiaries can agree amongst themselves how the tangible personal property will be divided.

Speaking of beneficiaries, for married couples or those in domestic partnerships, your spouse or partner will be considered your primary beneficiary. If your spouse or partner dies before you, then you can designate who the remainder beneficiaries will be. If you are single, then your assets will go to whomever you designate as beneficiaries.

A word of caution: If you come from a blended family, the surviving spouse or partner will inherit the assets and can then do with them as they please. In other words, once you die, your spouse or partner can write your children and grandchildren out of their will. This is why so many people from blended families choose to purchase a Complex Plan instead of an Essential Plan.

The remaining provisions of the Will included in the Essential Plan is relatively standard. The provisions include how the estate will be administered, the powers of the personal representative (both given by statute and by the terms of the Will), and definitions of certain terms found throughout the Will. The Will also includes an incontestability clause so that any beneficiary challenging the terms of the Will in court will be disinherited from your estate. When the Will is signed in accordance with the instructions provided, it becomes legally binding and enforceable.

Create a Will Online

If you are in need of a simple Will, GoGo Estate has your back with our Essential Plan. Consider creating an Essential Plan today!

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Frequently Asked Questions

Is GoGo Estate a law firm?

No! GoGo Estate does not provide legal services. However, we do provide our customers with self-help estate planning forms drafted by licensed estate planning attorneys.

Why should I use GoGo Estate over an attorney?

The average estate plan costs between $2,000 and $3,000 nationally! This is way too much money, especially since many attorneys "plug-and-play" your information into pre-drafted forms or estate planning software. And while seeking the advice of an experienced estate planning attorney, GoGo Estate gives you access to detailed attorney-drafted forms so you can save up to 70% on your estate plan!

How is GoGo Estate different from other online platforms?

In this everchanging world, we know you have a lot of online estate planning options to choose from. What makes GoGo Estate different is the detailed nature of our plans. We can confidently say that GoGo Estate has the most comprehensive estate planning forms on the internet. Plus, they are all drafted by licensed estate planning attorneys to give you peace of mind.

Can I really plan my estate on my own?

Absolutely! GoGo Estate has countless state-specific resources so that you can know the ins-and-outs of estate planning without having to pay an attorney.  Even better, our estate planning forms are drafted in detail by licensed estate planning attorneys, meaning you can receive the same quality forms you would expect from an attorney at up to 70% the cost!

Will GoGo Estate send me my documents?

Yes! No matter which plan you choose, GoGo Estate will send you printed versions of all of your documents. We ship all of your completed documents to you on the next business day. Of course, if you're in a crunch, you can print them out and have them signed yourself.

How do I go about signing my documents?

Unfortunately, most states do not allow for estate planning documents to be signed electronically. That means that you will have to sign them in front of a notary and (depending) at least two witnesses. Luckily, GoGo Estate provides detailed signing instructions in the first few pages of each document you purchase. While we hope to implement electronic signing in the future (depending on the state), at this time we do not help our customers sign their estate planning documents.

What is "Attorney Support?"

GoGo Estate's Standard and Blended Family Plans each come with built-in Attorney Support. With Attorney Support, you can have a free 30-minute phone or video call with a licensed attorney in your state so they can answer any questions or concerns that you might have.