A Guide to Making Your Will

Direct Your Assets to the People and Causes that You Care About Most.

Making a Will is an important way to extend your love, care, generosity, and gratitude to family and friends. It is also an excellent way to support our mission. So why have 60 percent of U.S. adults living in households with children not created a Will?

Perhaps the whole process seems to be too time-consuming, difficult, or even mysterious. To overcome these obstacles, review this helpful Guide that provides clear answers to the questions that you may have.

What Happens if You Do Not Have a Will?

If you die without a Will, then your estate will be divided according to laws in the state where you live. The resulting transfer of assets may be much different from what you had wished. While certain family members will likely receive part of your estate, close friends or charities that you may have wanted to remember will not be included.

What Can You Include in Your Will?

Only you know the special circumstances of your family members and heirs, which is why it is important to discuss these factors with your attorney. Some questions to consider include how you want to distribute your estate, whom you want to be executor, and what charities you wish to support.

For example, you may want your Will to:

Name the Executor* of your estate.
Give your property to people whom you choose.
Set up Trusts to save on taxes and to provide financial management.
Name a Guardian for minor children.
Ensure lifetime care for a child with a disability.
Pass what you choose to children of a prior marriage.
Set guidelines for distributions if you and your spouse die at the same time.

*Executor: the person named in a Will to manage the estate, collect the property, pay any debt, and distribute property according to the Will.

Ask your attorney about a Living Will and a Durable Power of Attorney in case you become incapacitated.

Your attorney may suggest other components, but be prepared to talk about these items so that you will be in a position to have a document drafted that accomplishes your wishes.

Why Leave Charitable Gifts in Your Will?

Some individuals plan on leaving gifts to Brother Martin High School, talk about it with us and their friends, and then never get around to properly establishing such gifts in their Wills. If you make this mistake, then your estate will not realize the benefits of the unlimited charitable estate tax deduction, and our ministry will not receive your support.

You Can Revoke Your Will

Note that one of the articles in your Will is “revocation of prior Wills and codicils*.” Relationships and situations change, and this guide ensures that you are free to alter your Will with a codicil or to change your Will entirely at any time.

*Codicil: a written and properly witnessed legal change to a will

Typical Components (Articles) of a Will

Your identification and state of residence
Revocation of prior Wills and codicils
Name of Executor
Payment of taxes and administration of estate
Payment of debts
Specific gifts
Residuary estate*
Common disaster

*Residuary Estate: the part of an estate left after debts, taxes, and specific bequests have been paid

It is a good idea to keep your old Will but to write on its pages 1) that it has been revoked and replaced by a new Will, and 2) the date of the new Will. This designation may be useful in situations when someone wants to challenge a newer Will.

We want to work with you to create a gift that best fits your circumstances and the needs of students of Brother Martin High School. To learn more about including Brother Martin in your Will and joining the Society of 1869, please contact us in the Advancment and Alumni Relations Office at 504-284-6700.

Members of CGN-Law who specialize in Wills and Estate Planning Collapse Conrad “Andy” Buchler Jr. ’08 – Buchler and Buchler, L.L.C.

Phone: (504) 835-7289, Ext. 5 (Office)

Michael Calogero ’81 – Law Office of Michael G. Calogero, LLC

Email: [email protected]

Justin Caprera ’11– Hannan, Giusti & Hannan, LLP

Email: [email protected]

Blair Constant ’00 – Couhig Partners, LLC

Email: [email protected]

Alvin J. Dupre, Jr. ’70 – Law Office of Alvin J. Dupre, Jr.

Email: [email protected]

David M. Flotte ’74 – Salley, Hite, Mercer & Resor, LLC

Phone: (504) 566-8818