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Written by Kathryn Lively

Let's face it, drafting your last will and testament is probably not high on your to-do list. It doesn't come as a surprise, either, that people want to hold off doing this as long as possible; after all, who wants to be reminded that they are mortal? However, regardless of the size of your estate it is important to designate who receives your money and property after you die. If you have children, you definitely want to make sure they have proper guardianship in the event of a sudden, untimely passing. If you are not sure how to go about drafting your will, here are a few tips to get you started.

1) Make sure all of the information you provide about yourself is accurate. This includes your full name and current address, date of birth and Social Security number. Should anyone try to contest the will, stating it is not yours, you will have the proper identification there to say otherwise.

2) Confirm statements that attest to your mental capacity and to the state of the will. In movies, most wills begin with the sentence: "I, John Doe, being of sound mind and body..." This is an essential element of a last will in that it upholds the fact that the deceased drafted it with a clear mind. In the event you have an existing will or document stating your last wishes, you should include a clause there that confirms any other wills and codicils are revoked and rendered invalid. One problem families can face is dealing with a deceased loved who left more than one version of a will, with nobody certain on which version is the right one.

3) Appoint an executor to carry out the terms of your will. This is typically a close relative or friend, or you may wish to appoint a neutral party such as your attorney. You can assign your will's executor to pay off your debts, sell any property or tangible assets in your stead, and disperse your personal belongings accordingly. You may consider, too, naming an alternate executor in the event your first choice in unable to carry out your final wishes.

4) Be clear about who gets what. Spell out distinctly who receives your assets, personal belongings, your car, and guardianship of your children. If you want to give to charity, make it clear which organizations will benefit. If you are in the position, too, to receive residual payments that continue after death - for example, royalties from a book you published - be sure to include a residuary clause that stipulates where the money goes.

5) Sign it and store it! A will is not official until you have complied with your state's law regarding such documents. This means you sign your will in the presence of three witnesses - none of whom are related to you or mentioned in the will - and a notary public. Once this is done, store your will in a safe place where your executor can find it after you die. You may also want to make a copy, but do not add anything to the will once it is notarized. Additions should be handled with a codicil that accompanies the will.

If you have further questions about drafting a will, consult with an attorney who specializes in elder law and wills. There you will get the guidance you need to ensure that your wishes are carried out.

Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers.