| Your
Will
Making
Your Will...A Christian Responsibility
In the busy lives we live today, we may forget
to stop and consider whether we have taken care
of our long-term responsibilities. Establishing
long-term plans and goals are ideals to which
we aspire, but day-to-day challenges and obligations
often seem to stand in our way.
This is particularly true when we think about
making a will. In addition to time constraints,
there is a natural reluctance to think about our
deaths. Being Christians gives us the peace and
security of knowing we have a home with God, but
being human makes it an unsettling task to deal
with issues that relate to our ultimate deaths
and the deaths of those we love.
Despite these realities, part of becoming good
stewards toward people and the things with which
God has blessed us means taking responsibility
for making important decisions regarding the distribution
and administration of our estates.
As Christians, a last will and testament should
be more than just a legal document. It is our
opportunity to demonstrate responsible stewardship
by providing for the security of those God has
entrusted to our care. It is also our opportunity
to give tangible expressions of our commitment
and thankfulness to God by giving back a portion
of our material blessings to those people and
organizations that are striving to carry on His
work.
"...And from everyone
who has been given much, much will be required..."
Luke 12:48
As Americans, even those of us with the least
would be considered wealthy by most of the world's
standards. Consequently, as Christians who have
been given much, we have a responsibility to take
seriously the task of determining where and to
whom our assets should pass.
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Your
Will Offers You Many Opportunities
Your will enables you to choose how and to
whom your assets will be given. If you do not
have a will, the state where you live has laws
that dictate who will inherit your assets at your
death. Consequently, the courts that handle probate
in your state will make these decisions for you.
Your will enables you to take care of your family
and other loved ones. 95 You protect your family's
future security by limiting the expense of estate
tax and administrative costs that can reduce an
inheritance when no provisions are made through
a will.
Protecting and providing for your children (and
perhaps grandchildren) is one of the greatest
responsibilities God has given you. For minor
children, if you fail to name a guardian for them
under your will, the courts must make the choice
of who will raise your children. Having a will
allows you to prayerfully select a guardian to
care for your children, should you die prematurely.
Your will also enables you to create trusts for
your children or grandchildren so a trusted individual
or institution can manage their inheritances until
they reach the age you decide will be appropriate
for them to handle this responsibility. If no
trust exists, generally any assets passing to
children or grandchildren under your will would
be distributed to them outright when they reach
the age of majority as defined by the laws of
your state.
A will also gives you the opportunity to prayerfully
consider how much to leave your adult children.
This is a very personal matter and not one that
should be determined by lawmakers in your state.
You may have parents, siblings, other relatives,
or dear friends you want or need to help. Only
by having a will can you leave assets to these
individuals in the way that is most appropriate
for their situations.
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Your
will may enable you to reduce or eliminate estate
taxes.
Having a will prepared by a knowledgeable
attorney allows you to take advantage of laws
that can reduce or eliminate estate taxes and
allows you to decide from whose share of the estate
any potential estate taxes will be paid.
Your will enables you to name your executor or
personal representative. Your executor is the
person who will manage your estate, pay any creditors,
and ultimately distribute your estate according
to your instructions. If you die without a will,
the courts will decide who will carry out this
responsibility. Additionally, if there is no will,
the courts will typically remain more closely
involved in the probate process, which can dramatically
increase the cost of administering an estate.
Your will enables you to make gifts to charitable
organizations that are important to you.
If you do not have a will, you will not be able
to leave anything to charitable organizations.
A will allows you to make gifts to organizations
that hold meaning for you.
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Preparing
a Will is Serious Business
A responsibility this important should not
be taken lightly. A reputable attorney should
always be retained to prepare your will. Buying
a printed form and inserting your desires in the
blanks is very risky. A will should be tailor-made
to fit your particular needs, circumstances, desires,
and estate planning problems, as well as comply
with the laws of the state where you live. It
is sad to know that many people will spend more
time and money on having one year's income-tax
return prepared than they will spend on a document
that distributes everything they own to those
people and causes for which they care.
Even if a do-it-yourself will is valid, your
directions may not accomplish your desires. For
example, your assets could increase, decrease,
or change character dramatically during your life.
Beneficiaries could die or their circumstances
could change. Tax laws could change, and those
you love most could lose out. Attorneys prepare
wills or codicils that protect you from some of
these concerns and make appropriate modifications
when necessary.
An attorney should also supervise the execution
and witnessing of your will. Without observing
proper formalities, your will could be invalid.
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Changes
to Your Will
When changes to a will are necessary, it is
equally important that an attorney prepare them.
Changes made in handwriting to an existing will
can make those portions invalid and risk invalidating
the entire will. You should review your will and
consult your attorney when any of the following
situations occur: changes in family status (births,
deaths, marriages, divorces, etc.), significant
changes in your financial picture, or major changes
in gift or estate tax laws. Even if none of these
situations have occurred, it is a good idea to
review your will every three to five years to
make sure it still accomplishes your desires.
If you decide to make changes in your will, you
should consult an attorney about the most efficient
way to fulfill your purposes.
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Leaving
a Legacy of Faith
You have been taught about giving back to
God a portion of your income with which He has
blessed you. But little is said about considering
a final act of stewardship, for instance, leaving
a portion of your estate to charitable causes
as a legacy to express your thanks to God in a
tangible way for the blessings of your life.
Any charitable bequest should be prayerfully
considered, and you should give to the cause or
causes that God places on your heart. If it is
your desire to partner with WMU to nurture the
future for missions, the following language may
be helpful to you and your attorney.
Gift of a Specific
Bequest
"I give, devise and bequeath to Woman's
Missionary Union Foundation, Birmingham, Alabama,
the sum of (spell out the amount), ($________)-or
-(# of) shares of the common stock of XYZ Corporation,
Certificate Numbers _______, to be used for
the general purposes of Woman's Missionary Union,
Auxiliary to Southern Baptist Convention."
You may also choose to specify how your gift
will be used instead of referring to the general
purposes of WMU. Some examples include:
WMU Vision Fund
Second Century
Fund Touch
Tomorrow Today (an endowment partnership
between national WMU and your state WMU).
Percentage Bequest
"I give, devise and bequeath to Woman's
Missionary Union Foundation, Birmingham, Alabama,
____% of the rest and residue of my estate,
to be used for _______________________."
Residuary Bequest
"I give, devise and bequeath to Woman's
Missionary Union Foundation, Birmingham, Alabama,
the rest and residue of my estate, to be used
for __________________________."
Contingent Bequest
"In the event that my (insert name
or names; i.e., spouse, children, sibling, heirs)
shall not survive me, or shall die during the
administration of my estate, within ___ days
from the date of my death, or as a result of
a common disaster, then I give, devise and bequeath
those beneficiaries' shares of my estate to
Woman's Missionary Union Foundation, Birmingham,
Alabama, to be used for __________________."
Charitable Trusts
Charitable trusts can be made a part of
your will and can provide income to your spouse
or other loved ones for the remainder of their
lives or a term of years before passing the
assets to WMU or other charitable causes. If
you are interested in how charitable trusts
can be a part of your estate plan, contact the
WMU Foundation.
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For more information, please contact the WMU Foundation at:
The WMU Foundation
P.O. Box 11346
Birmingham, AL 35202-1346
Toll-Free 1-877-482-4483
Phone: (205) 408-5525
Fax: (205) 408-5508
Email: wmufoundation@wmu.org
This information in not intended as specific
advice. Consult your attorney when considering
any legal matter.
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