Learn More About Willmaker (2024)

Wills

The heart of every estate plan is a will, also known as a last will and testament. This legal document puts you in control of who inherits your property and who would take care of your children if it were ever necessary. Without a will, state law determines these issues. Your will also allows you to name an executor (sometimes called a “personal representative”) to carry out our wishes. And you can appoint a trusted person to manage property left to young people. With WillMaker, you can revise and update your will whenever you like.

Health Care Directives

Spare your loved ones difficult decisions by laying out your wishes for medical care and naming someone to carry out your instructions. Includes a health care power of attorney and a living will.

Living Trust

Distribute your assets and provide property management while keeping your trust property out of lengthy and expensive probate proceedings after you die.

Durable Power of Attorney for Finances

A durable power of attorney ensures that someone you trust (called your "agent" or "attorney-in-fact") will be on hand to manage the many practical, financial tasks that will arise if you become incapacitated. For example, bills must be paid, bank deposits must be made and someone must handle insurance and benefits paperwork. In most cases, a durable power of attorney for finances is the best way to take care of tasks like these. You can also give your attorney-in-fact authority over your digital assets.

Final Arrangements

Plan a funeral or other ceremony and ease the burden on your loved ones. Describe your preferences for burial, cremation, memorials, obituaries and more.

Information for Caregivers

Organize your information so that your survivors don't have to. Use these documents to give them details about everything from bank accounts, to passwords, to the names of people you'd like contacted in the event of your illness or death.

Letters to Survivors

Use the Letter to Survivors to leave your loved ones detailed explanations about your decisions. For example, you may want to let them know why you made certain gifts or named a particular person to be your executor. You can also use your letter to leave some general thoughts about your life.

Is WillMaker an online app or downloadable software?

Both! When you buy WillMaker Plus or All-Access, you can choose to make your estate planning documents online or with the software. You can use both, but data can’t be shared between the two platforms, so the documents you make using one platform will not be available on the other. WillMaker Starter users can get the downloadable software by upgrading to Plus or All-Access.

Why are there two ways to use WillMaker?

Until recently, WillMaker was available only as downloadable software. Nolo is now offering the same dependable, easy-to-use forms in an online app. WillMaker Plus and All-Access customers have access to both platforms. So, it's your choice which to use. Try one or the other -- or test out both. Just keep in mind that you can't transfer documents or data from one platform to the other.

What is the difference between the two versions of WillMaker?

While the documents, interviews, instructions, and support information are nearly identical in the online and download versions of WillMaker, there are some important differences.

Compare the online and download versions of WillMaker.

What if I have questions while I'm making my documents?

Having questions while making your will and other estate planning documents is normal and expected.

Fortunately, WillMaker has answers. As you're making your documents, you can read on-screen help topics that answer questions related to that screen. If you need to know more, it will be easy to consult the WillMaker Legal Manual, which provides in-depth information about each document.

You'll also always have access to WillMaker Support. There you'll find the answers to commonly asked legal, practical, and technical questions and contact information for Nolo Technical Support.

Can I use WillMaker if I live in Louisiana?

No. Unlike the other states' laws, Louisiana law is derived from the Napoleonic code. This makes Louisiana's estate planning laws substantially different from the laws of the rest of the country, and WillMaker doesn't address Louisiana's unique requirements. You can create a basic Louisiana will with our simple online form.

Can I use WillMaker if I live outside of the United States?

If your permanent residence is outside of the United States, you should not use WillMaker. If you are out of the country temporarily –- for school, a job or because you serve in the military, you probably still have ties with a particular state that make it your legal residence. In that case, you can still use WillMaker. For example, if you were born in Wisconsin, lived there for many years, are registered to vote there and receive mail there in care of your parents, who still live in Milwaukee, then Wisconsin is your legal residence for purposes of making a will even if you are spending three months on sabbatical in Europe. If you're not sure where you legally reside, consult a lawyer.

Can I use WillMaker to make more than one set of documents?

Yes, WillMaker is intended for individual family use, and you can use it to make more than one of any document. You can make a will for yourself, your wife, your brother, your parents, and so on.

Can I use WillMaker to make a joint will with my spouse?

No. With WillMaker, each of you must make your own will, even if you both agree about how your property is to be distributed. There is solid legal reasoning behind this rule. Joint wills are intended to prevent the surviving spouse from changing his or her mind about what to do with the property after the first spouse dies. The practical effect is to tie up the property for years and make it impossible for the surviving spouse to react to changed circumstances. Also, many court battles are fought over whether the surviving spouse can revoke any part of the joint will. That's why joint wills are very uncommon these days. If you want to restrict how your property can be used after your death, or make special provisions for children from a prior marriage, using a trust is usually a better solution.

That said, with the download version of WillMaker you and your spouse can easily create identical wills -- that is, two separate wills in which all the provisions (such as beneficiaries and children's guardians) are the same. If you want to do this, look for the "Duplicate for Spouse" button provided on the Congratulations screen at the end of the will interview (after the Print Preview screen). The online version of WillMaker does not yet offer the duplicate-for-spouse feature.

How do I finalize my WillMaker documents?

You must also sign and date each document. All WillMaker documents come with signing instructions specific to your state.

Can I use WillMaker to make a pour-over will?

Yes, you can make a pour-over will with WillMaker. To do so, when making your will, you will name your trust as beneficiary using the trustee's name and the name of the trust. For example: "John Doe as trustee of the John Doe Living Trust, dated January 1, 20xx."

Keep in mind that the property you leave through the will may have to go through probate when you die. Because living trusts are designed to avoid probate, if you leave too much property through your will, you may end up thwarting your own intentions. Before you make a pour-over will, be sure you know how much property your state allows you to pass through your will without triggering probate proceedings.

Can I use WillMaker to provide for a loved one with special needs?

Do not use the WillMaker will to leave money or property directly to a person with special needs. The management provided under WillMaker does not sufficiently provide for special needs and it does not protect eligibility for government benefits.

However, you can use your WillMaker will to leave money or property to a special needs trust. If you name the special needs trust as a beneficiary of your will, the money will go into the trust rather than directly to the person with special needs. This will help your loved one remain eligible for government benefits and will provide property management tailored to your loved one's needs.