The message said to make an appointment at the doctor’s office right away. You spend every minute up to then worrying about the prognosis, and then your heart lurches when you hear the doctor’s words—only two more weeks to live!

What do you think about doing first: spending time with your family and friends or spending time with a lawyer planning for the inevitable? Don’t you wish you’d prepared for this moment instead of having to rush to work it out now? What if you’re involved in an accident and not given those last weeks or days?

Many people (perhaps especially those who read alternative newspapers) don’t tend to take action on things simply because they should—like taking vitamins or quitting smoking. But, dear rebels, if you prefer to have a say in what happens to your possessions or your young children after you’re gone, rather than allowing the state to decide, then you’d best get to it first. It may seem morbid or unlucky to think about the world without you, but how much more frightening is the thought that your death will cause not only emotional strife but additional financial stress on your loved ones as well.

Maybe you’re under the impression that estate planning is only for those with massive amounts of property and cash, but the word “estate” simply refers to your net worth—that is, the market price of your possessions minus what you owe. For some of your relatives, the amount you owe may be a bigger concern than who gets your Star Trek memorabilia collection. But sentimental value may be important for you as well; knowing who will inherit your journals could mean a great deal to you.

So say you’re game to take control. A basic will doesn’t even require a visit to the lawyer’s office. Let’s examine what’s absolutely necessary to create a will, and identify situations you might want to see a lawyer about.

The following are the only legal requirements for a will:

1. You must be 18 years of age and of sound mind (thankfully, a term used in the broadest sense).

2. Next, the document needs to be typed and printed, and state that it is your will.

3. You must bequeath one or more items OR appoint a guardian for a minor child.

4. It must be signed and dated by you.

5. Two witnesses need to watch you sign and then sign it themselves. (They don’t even need to know the contents.)

It might be more complicated based on your situation, but those are the essentials. It’s probably best to name an “executor.” This person supervises the “probate” or legal verification process and carries out the terms of your will. In Virginia, the probate process may not be necessary if property can be transferred on terms outside the will (i.e., survivorship clauses within a deed) or if your assets amount to less than $50,000. If you think your estate will end up in probate—which is time-consuming and comes with associated fees and taxes—it may be worth consulting a lawyer about probate-avoidance methods. One such method is a living trust, which is a document that transfers property without court proceedings.

Back to creating a simple will, however, the people you want to inherit your belongings are referred to as “direct beneficiaries,” and you may want to name “alternate beneficiaries” who would inherit your possessions in the event that the direct beneficiaries are no longer living. Writing a will isn’t just Plan B, but also Plan C, Plan D, and Plan E—depending on how involved you’d like it to be. Complications that could require legal advice include second marriages (making arrangements for both your current spouse and children from previous relationships); unmarried couples (straight or gay, since cohabitating partners don’t qualify for survivorship like spouses); and shared gifts (assigning percentages of ownership).

For parents who are still together, custody clauses can be as simple as naming a personal guardian and a successor, or a backup if that person’s no longer living. However, if you’re no longer with the child’s other parent and prefer that he or she not become the child’s guardian upon your death, you should discuss the situation with a lawyer. There are several ways to leave property to children, too, as well as options when it comes to life insurance. It’s important to note that beneficiaries on life insurance and retirement policies aren’t affected by those listed in wills—which, on the plus side, these documents aren’t subject to probate.

Documents similar to a will but used in the event that you become incapacitated are the “durable power of attorney for finances,” which names a person to be in charge of your business affairs, and the “advance health care directive” (also known as a living will), which outlines your wishes for medical care and assigns someone to be an agent or “proxy” who makes sure your desires are followed. The former can be downloaded for a fee online and the latter for free at www.vsb.org/site/public/healthcare-decisions-day or www.caringinfo.org.

Oh, and the doctor just called you back. The diagnosis was incorrect. You have plenty of time to live. But aren’t you glad you have your “estate” planned?

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RESOURCES

CaringInfo.org

Estate Planning Basics by Atty. Denis Clifford

LegalZoom.com

Nolo’s Simple Will Book by Atty. Denis Clifford

Suze Orman’s online Will & Trust Kit

VirginiaEstateLaw.com

The planning of Taryn Chase’s estate will be complicated by a mountain of debt and choosing to cohabitate, but creating her will is a New Year’s resolution all the same.