Thursday, March 12, 2020
I Stopped Using Exclamation Points at Work. Heres What Happened.
I Stopped Using Exclamation Points at Work. Heres What Happened. It sounded like an impossible task replace my usual Thanks so much, What a great question, and Have a wonderful weekend with punctuation of a less cheery variety. Less sunshine-y and smiling and, Hey, yes, I am so happy to be doing this job and helping you outno matter how much you verbally abuse me or how cold you can be or how few exclamation points you use in your emails to me, I am going to stay positive Less of that.Ive always been an over-exclaimer in writing. In ninth grade, the student teaczu sichbei in my English class marked my essay down to an A- for over-exaggerated emotion. When I stopped by to ask about it, he said it felt like I was yelling at him through the page. It would only take a few years before my attitude towards that conversation turned from low-level shame to Damn right, I was yelling at you. Thus began my feminist awakening, but thats a story for another day.After a forced hiatus from my favor ite punctuation, I embraced it in full post-college. I used it as a sign of my positive attitude, cheerful personality, and willingness to work. It softens the blow of No, Sorry. It amps-up excitement for paperwork. Most of all, perhaps, it lets coworkers, clients, and management know that I am A Very Nice Girl who is Excited About My Job. Many times, this is a lie. In personal emails, such as those to my mother who lives states away, the exclamation point has always been code for, Im Doing Great, and I Swear I Am Not Seasonally Depressed, Even a Little BitBut sometimes I am seasonally depressed, a little bit, and one day this winter, I got tired of using the smiley-emoji-without-a-face. The signifier of my pleasantness. So I stopped, abruptly. I began ending all of my emails with Thank you. I embraced I would be happy to take care of that for you, Janice. And I hope youre staying warm in this cold weather. I hugged the comma close to me. I embraced the period, ellipses, and dash. I frowned at my computer screen and punched the keys and avoided my favorite one.After a few weeks of this, I expected coworkers and bosses to stop by my desk with concern, chilled to the bone by my new online demeanor. I expected curt replies, or overly-flowery ones filled with emojis and the exclamation points I had banned from my own emails. I anticipated confusion over my feelings, intentions, and even my Selfwhat kind of person doesnt use keyboard gestures to assure others of her sweetness and likeability?As it turns out, the response from others wasminimal. One intern asked if I was feeling tired, but that was probably because I was feeling tired. It did cause me to look up and notice all those around me who werent using exclamation points in the same madcap way I did (kinda like when you buy a new car and suddenly it feels like EVERYONE has a Mazda3) and I started to realize that my colleagues and friends lack of perky punctuation didnt cause me to judge their character, perso nality, or career drive.In fact, selective use of my favorite punctuation led me to feel like the writer was cool, calm, and collected. Confident, even. She wasnt leaning on the expoint as a crutch, didnt have that fake smile on her face even when delivering hard news, agreeing to a boring project, or accepting difficult criticism. Her emails didnt need to announce her innermost emotions a la I promise Im happy, and by the way, Ill be using the black She let her sentences end with an ending, not a cheesy grin. And I was still annoyed at her use of the printer anyway.From now on, Im going to try to keep up the period use and downplay the jazzy sentence-enders. Im going to let my words speak for themselves for awhile. The reader will figure out what I mean. And if Im not smiling while I send the email, well, maybe its okay. Sometimes a lack of enthusiasm is emotionally honest. Sometimes, instead of Cheery Superwoman, I just feel neutral, and thats okay for my readerand myselfto ackno wledge. --Kaitlyn Duling is an author and dichterling who is passionate about supporting and uplifting other women. Her work can be found at www.kaitlynduling.com.
Saturday, March 7, 2020
Whispered Writing a Duty Based Resume Secrets
Whispered Writing a Duty Based Resume Secrets The History of Writing a Duty Based Resume Refuted The commonplace job description is similar to the advertising ad for an item. Your resume should have a lot of links past the hyperlink to your portfolio website. Your resume should incorporate information regarding your own personal qualities or attributes that will allow you to succeed. Your resume should consist of information regarding your knowledge, skills and abilities which will help ensure on-the-job success. Before you commence adding job descriptions to your resume, you might want to earn a list of accomplishments at every one of your jobs. You must tailor your resume to each work application so that it responds to the particular necessities of the job which youre applying for. Read the job description of the job youre applying for. You need to make sure youre including only jobs that are applicable or related to what youre applying for. Importantly, you dont wish t o mislead an upcoming employer in regards to what you accomplished. As soon as an employee produces a discrimination claim, the EEO officer is accountable for filing an official complaint, investigating the issue and resolving it. A thorough job list should consist of everything an employee is going to do during a regular work day, from filing to troubleshooting. Consequently, their job has lots of responsibility. Up in Arms About Writing a Duty Based Resume? Notifying management of an issue and assisting managers with challenging circumstances, particularly during peak periods of business, are a part of the job. Chronological resumes arent the very best fit for fresh graduates due to the fact that they dont have a lot of expertise in the very first location. The Birth of Writing a Duty Based Resume In many cases, the standard of candidates job application forms can determine whether they get hired. No matter what kind of resume format you select, youre not obligated to in corporate all your work experience if its not directly about the job youre applying for. A great resume format is simple to scan. Whether you have experience in your typical day-to-day job or you should be a little bit more creative make sure you demonstrate how truly great youre at delivering exceptional customer tafelgeschirr to each customer, daily. Some jobs have a few of primary duties. Most jobs need strong communication and client service abilities. Other jobs can have a lengthy list of responsibilities. What You Dont Know About Writing a Duty Based Resume Resume writing isnt simple, and there are numerous diverse opinions on how best to do it. Among the fantastic things about resumes is theyre pretty universal. Youve so a lot more skills and knowledge than youre touting my friend Functional resumes are excellent for highlighting transferable skills which are going to be applicable to your new field of work.
Friday, January 3, 2020
5 Ways to Make Your Personal Brand Work for You, Not Against You
5 Ways to Make Your Personal Brand Work for You, Not Against You Throughout my career, hundreds of resumes have hit my desk with a familiar thud. But without clear branding or a defined skill set, each one is justa jumbled collection of keywords and outdated language. Im looking for candidates who not only have experience but also know how to present themselves professionally, and Im not the only one. As a job seeker, its more important than ever to be intentional about creating your personal brand not only in terms of what you think your brand stands for, but also in terms of how hiring managers and recruiters see it.Developing and presenting your personal brand shows recruiters youre serious about the job. And in a world where 71 percent of workers are currently on the market, youre facing tough competition for the best positions. Personal branding is the key to standing out in the crowd.What Yo ur Brand Says About YouWhether you know it or not, you already have a personal brand.It isnt just a blurb on your resume describing your interests its how you carry yourself, the steps you take in your career, your social media presence, and your online visibility. How you position yourself across all of these areas will either strengthen or weaken your personal brand.In this respect, social media has leveled the playing field for job candidates. Now, you can take control of your brand and establish yourself as an expert in your field through consistent, relevant posts on LinkedIn and Twitter. Then, you can link to your online presence on your resume.Your social media presence will inevitably have an impact on your job search. A survey from ExecuNet revealed that 77 percent of recruiters use search engines to find background data on candidates. Despite this fact, I still see many candidates who simply fail to connect the dots between inappropriate social media posts and their inabil ity to land a job.Take Control of Your Personal BrandIn todays market, the trick to landing your dream job lies in using your personal brand to identify and capitalize on your strengths. Here are some tips to get you started1. Take a Look in the MirrorA critical analysis of what you bring to the table will help you understand where you fit into a particular company. Once you determine what you have to offer, youll be able to present yourself in a way that showcases your strengths.2. Talk to Past EmployersAsk your former bosses and managers what made you stand out on the job. Their feedback will help you get a better grasp on your value, and having external viewpoints to balance out your own opinions will provide a well-rounded picture.3. Take a PersonalityTestThere are many personality tests that can help you define your personal brand. Tests like the Myers-Briggs Type Indicator arent foolproof, but they can point you in the right direction.4. Google YourselfYou need to look at your online presence from an outsiders perspective. Google yourself to see what prospective employers may find, and always post, tweet, and share online content as if the hiring manager of your dream job were scrutinizing it.5. Carefully Craft Your ResumeIf you incorporate a personal statement into your resume, it should be placed front and center in your professional summary section. Then, you should build a strong areas of expertise section to complement your message.As a job seeker, understanding your personal brand is the ultimate aha moment. Once you see how youre projecting yourself, you can make changes to highlight your strengths. Recruiters and hiring managers are looking for candidates who have their act together with strategic career documentation and strong personal branding. It means less work for them and more potential for you, which is a win-win for everyone.
Sunday, December 29, 2019
Subtle sucking up can be a career strategy
Subtle sucking up can be a career strategySubtle sucking up can be a career strategySelf-assessment quiz True or FalseI pay attention to when and how I can help my boss during stressful, busy times.I consider myself a team player.I believe everyone benefits from a little praise.Sucking up to your boss and other higher-ups can well suck. And lets face it no one likes a brown-nosing, overt suck-up. Its disingenuous, insincere, and annoying as all get out. But thats not to say there isnt room in your work life for kinder, gentler sucking up. Lets simply reframe it and call it praising or boosting others. Believe it or not, it can have its benefits.We need to have compassion toward one another at work. Dropping a card on your bosss desk for her 10-year work anniversary or because she kicked ass getting all financials in on deadline for the international board meeting can actually be pretty classy rather than cocky because you demonstrated that you were paying attention to the little stuff.Noticing others hard work and showering them with appropriate and sincere compliments can go a long, long way. Team morale can go up, you could help boost a colleagues confidence in areas you may not even be aware of, and you just might make a few friends along the way.As a senior vice president in a global corporation, one of my most memorable employees welches someone well call Judy. Judy paid attention to me and her job. She took notice of the little things like if I needed a 300 p.m. MM pickup, or would gently point out that Id left someone off an schmelzglas. She complimented me when a project welches handled well, when it seemed like no one else had even noticed. Her attention made me feel more secure and confident in my daily office life because I felt like there was at least one person on the team who had my back. I could count on her for little and big things because I knew she paid attention to details AND to people. I had another colleague - lets call her Sharri - who was always so darn positive when the rest of us felt demoralized and defeated that just knowing she was going to be on a conference call made the entire call bearable. She would end calls or emails with the chant Teamwork makes the dream work And we believed her.If your work environment is not this touchy-feely or doesnt have an open-emotion policy, maybe its because no one has ever tried To quote Gandhi, Be the change you wish to see in the world and become the person who takes a risk to make the work environment encouraging. And do it in writing You dont have to turn your office into a never-ending, feel-good Lifetime Hallmark card or movie, but instead of moaning about everything thats wrong with the work environment, start sending Job Well Done notes instead. Or write a motivational quote on that dead whiteboard in the kitchen that no one uses. Sending a teamwide Keep Up the Good Work email during a grueling deadline time is not sappy. It is encouraging and thoughtful. Be s ure to include your boss. Everyone appreciates some good oldfashioned sincere sucking up - er uh, excuse me - praising from time to time. And it makes you stand out.Your boss may notice that you operate from a place of compassion and possibly put you on a special client assignment that requires tact, introspection, and a nurturing approach in which you have now fully demonstrated you excel. Being human could open doors you didnt even realize were on your horizon. Try it, and let me know how it works for you.Cheryl Grace is the sassy aunt, best friend, and mentor youve always needed in your life. The successful jet-setting, global corporate executive founded the aspirational lifestyle brand Powerful Penny LLC. Her products, workshops and speeches probe, inspire and empower to ensure those who really want to can get to their next level of best. Her blogs on careers, prosperity, relationships, family, looking and living fabulously, and living a five-star life can be found atwww.power fulpenny.com.
Tuesday, December 24, 2019
Insperity Offers Insights on Business Confidence in New Survey
Insperity Offers Insights on Business Confidence in New Survey Insperity Offers Insights on Business Confidence in New Survey 40 percent of respondents said they added employees during Q2 2013 compared to 28 percent one year ago. Fifty-six percent state that their workforce numbers remained the same and just 4 percent said they laid off employees. Compared to Q2 2012, employee salaries were up an average of 2.8 percent while bonuses were down 1.2 percent and commissions increased by 9.1 percent. 58 percent of employers have included in their business plan to pay their employees their current rate for the rest of 2012 while 28 percent plan to increase pay. Just 2 percent plan to reduce pay while 12 percent are unsure of their plans. Regarding the economy, 34 percent of business owners think it is recovering, 27 percent expect it to begin recovering by the end of the year, and 38 percent are unsure. The biggest concerns facing small-and-medium sized businesses were reported as econo my (50 percent) and health care reform/rising health care costs (48 percent). 60 percent of businesses are concerned about government expansion, 56 percent worry about tax increases, and 55 percent are nervous about the national debt.
Friday, December 20, 2019
Getting to the Point in Plain English
Getting to the Point in Plain English Getting to the Point in Plain English You could say that the core meltdown that occurred on Three Mile Island in March of 1979 was the result of an engineers poor writing.Months before the accident, an engineer sent a long memo to every engineer at the facility. Filled with jargon and detailed explanations, the most important element, which might have kept Three Mile Island from becoming a household phrase, was left to the penultimate sentence.The example is a favorite of Les Perelman, Director of Writing Across the Curriculum for MITs Program in Writing and Humanistic Studies. The specific dicke bretter bohren mssen with the memo, as Les points out, is that the most crucial point was hidden in the last paragraph of the memo. Important information is not a treasure that you bury, he says.But the memo also illustrates a more general problem that often plagues engineers when they turn to the language of the layman The proof is not the point, its th e point thats the point. Reports, memos, e-mails, and speeches to mangers, subordinates, nonengineers and engineers alike, need not, and should not, attempt a complete proof of any problem. Clarity and being concise are what count. Proof is not the point, says Perelman, Thats why God created appendices.The career paths of MIT alumni changed dramatically in the 1980s and 1990s. Where they once might have started as bench engineers and worked their way up to become senior or principal engineers, now, after five years or so, they were becoming managers, at which point the amount of writing they had to do doubled. Meanwhile, surveys of alumni revealed that they felt confident with all the skills their jobs required of them except for the ability to write and speak effectively. Subsequently, MIT started their Writing Cross the Curriculum program. The communication component for many courses now counts for 20 percent of the grade. MIT students and engineers are taught to be optimizersthey re going to optimize any system. At any less than 20 percent, the students could blow it off, says Perleman.To Perleman, the trick for his students and for engineers in general, is to realize that mathematical sense and the more general reader sense are two entirely different entities. Engineers often have several ticks that reveal they havent totally separated the two. One is the run-on sentence. A sentence filled with multiple clauses and conjunctions might make logical sense for someone willing to parse it out, but the typical reader will get lost by the end of it.Perelman tells his pupils to think of the reading menschenwrdig as a computer. Short-term memory keeps track of what is said verbatim. Then the human brain changes the verbatim sentence to a logical proposition and stores that. Which is why if I ask you What did you say? you probably wont be able to give back verbatim what I said, only the logical, semantic content of what I said, says Perelman. The human brain has a ve ry small amount of RAM. Basically, what theyre doing is overloading the buffer.In addition to buried treasure and run-on sentences, engineers hoping to write to the point, and not the proof, should not fall back into proof-like habits. Some engineers get so involved in the process that they dont translate it into English. Theyll plop in 15 lines of pseudo-code and expect that everyone is going to understand, instead of giving a two- or three-line explanation of what the pseudo-code does. The worst I have ever seen is when someone used a memory address as a verb gave the hexadecimal memory address. Something like It then 6a4b1 it. To avoid such pitfalls, engineers should keep in mind both who their reader is and also that they need only tell, not prove. The whole point is that a mathematical explanation can be very complex because you cant break it up, says Perelman.They want to continue that in words, and it doesnt work the saatkorn way.Michael Abrams is an independent writer.To Per leman, the trick for his students and for engineers in general, is to realize that mathematical sense and the more general reader sense are two entirely different entities.
Sunday, December 15, 2019
Last Will and Testament FAQ - Australia
Last Will and Testament FAQ - AustraliaLast Will and Testament FAQ - AustraliaGeneralIm getting older. What documents should I have in distributionspolitik?If you are getting older or if you have dependants, there are three documents you should prepare to help your loved ones manage your affairs.Health Care Directive Your Health Care Directive (also called Living Will or Personal Directive or Advance Decision) is used to appoint someone to make health care and partal care decisions for you (of a non-financial nature) and describes any medical treatment preferences you may have in the event you are no longer able to communicate or are incapable of giving consent.Power of Attorney Your Power of Attorney grants authority over your financial decision making to someone you trust in case you become unable to communicate or incapable of giving consent. A Power of Attorney may also be used to grant full or limited powers over your financial affairs when you will be travelling or otherwise un available.Last Will Your Last Will describes how to distribute your estate after you die.Why should I have a Will?A Will enables you tochoose who will get your property after your death choose how your property will be divided among your various beneficiaries give specific items of property to specific people appoint someone you trust to administer your estate and appoint a guardian for your minor children.If you die without a Will, your property will be distributed by a court-appointed administrator according to statutory rules for intestate succession. Your property will be divided among your surviving spouse, children, and possibly other relatives in whatever manner the law of your jurisdiction specifies. You will elend have a chance to give property to non-relatives or to exclude relatives. Additionally, if you have no relatives, your property will go to the state rather than to a friend or charity of your choice.Who can make a Will?In most jurisdictions you must be at least 18 years old to make a Will, however exceptions may be made for younger people if they are in the military, if they are married or if they have been legally emancipated. In addition you must be of sound mind to make a Will. Being of sound mind means You understand you are making a Will and you know what a Will is You understand your relationship to those mentioned in your Will and You understand what types of property you own, how much of that property you own and how you intend to distribute that property.When should I change my Will?It is up to you to decide when to change your Will. You should review your Will from time to time to ensure that it leise meets your needs and that your property will be distributed according to your wishes. It is especially important to review your Will on the following events You get married or divorced (a change in marital status may void your Will) You are unmarried, but have a new partner The amount of money and property you own significantly changes Your executor or a significant beneficiary in your Will dies There is a birth or adoption of a child in your family You change your mind about the provisions in your Will.What is a codicil?A codicil is an amendment to your Will. A codicil is used when you are happy with the contents of your Will but want to make minor changes. It leaves your original Will intact but makes specific changes, such as adding or deleting a beneficiary. A codicil is signed and witnessed (executed) in the same manner as a Will.For more information See Using a Codicil to Change Your Will.Do I need a Will if I have a Power of Attorney?Yes a power of attorney for financial matters provides your chosen agent with the power and authority to deal with your property and make financial decisions for you only while you are alive. A power of attorney automatically ends on your death. Consequently, you need a Will to specify how you want your estate distributed on your death.What is the difference betw een a Last Will and a Health Care Directive?A Last Will is used to distribute your property after your death. A Health Care Directive allows you to specify, in writing, your health care preferences for the time when you no longer have capacity to provide consent. A Last Will canbedrngnis be used to specify what type of medical treatment you want.What does jointly-owned mean?Joint ownership (also called joint tenancy) is different from other types of co-ownership. If you own property jointly with someone else, it means that both of you own all of the property. (In other kinds of co-ownership each of you owns half of the property.) Jointly owned property automatically becomes the property of the surviving owner when one of the owners dies. A typical example of jointly-owned property is where a husband and wife jointly-own their house. In that case, when one spouse dies, full title to the house automatically goes to the surviving spouse.Parties Named in the WillWhat is a testator?A testator is the person who is making the will. A female testator is often referred to as a testatrix.What is a beneficiary?A beneficiary is a anlass who is receiving a schadstoff from the testator. Beneficiaries can be people or organisations.What is a devisee?A devisee is a party who is receiving a gesundheitsgefhrdender stoff of real estate from the testator.What is an executor?An executor is the person who will be carrying out the terms of the testators will and administering the testators estate. An executor is sometimes referred to as a personal representative.What does an executor do?An executor or personal representative is responsible for collecting the assets of the testators estate, paying any debts of the estate, paying any applicable taxes, and distributing the assets of the estate in accordance with the directions of the Will.Whom should I select to be my executor?Administering the estate can be complex, time-consuming and stressful. Ensure you select someone you t rust, who will be able to handle your financial matters prudently. Your executor does not need to have any legal expertise. An executor can always hire a solicitor should the need arise. Many people select their spouse or an adult child to be their executor. Also, people often choose an individual who will be receiving a substantial amount of property to be their executor. In this way, the executor will want to ensure that the property is distributed properly.Can I choose anybody to act as my executor?Typically you may choose anyone to act as executor except a minor. An Executor can be disqualified if they have been convicted of a crime. Additionally, some jurisdictions place restrictions on non-resident executors (for example, some states specify that all non-resident executors must be related to you).Can my executor be a beneficiary in my Will?Yes, your executor can be a beneficiary in your Will.Wills and Your SpouseCan a husband and wife make a Joint Will?A Joint Will (also known as a Mutual Will) is a single Will that titelblatts two people. When one person dies the Joint Will leaves everything to the surviving person. Joint Wills also state what will happen to any property should both people die.The major problem with Joint Wills is that the surviving person cannot change the Will after the first person dies. Should life circumstances change - for example the surviving person wishes to remarry after the first persons death - the surviving person is stuck with whatever the Joint Will provided. LawDepot does not provide Joint Wills however, LawDepot does allow two people to make Mirror Wills.Can a husband and wife make Mirror Wills?Mirror wills are used to allow two people to create almost identical wills which leave everything to each other. A husband and wife (or any other couple) can make Mirror Wills by each writing a Will that leaves everything to the remaining spouse. Often, there is a clause that provides that if the husband and wife die at the same time or within thirty days of each other, then everything goes to the couples children or if there are no children, to a personennamed beneficiary.The important thing to remember is that you can only use a Will to give away what you own, and not what your spouse owns. Additionally, jointly owned property where there is a right of survivorship cannot be disposed of in your Will because the surviving owner automatically becomes the sole owner of the property when one of the joint owners dies. This is true whether it is a house, a bank account or any other property that is jointly owned.If you want to make Mirror Wills, each partner must create a Will. Use the Specific Gifts section to give gifts to named beneficiaries and then the Distribution of Residue section to give everything else you own to your partner. If you do not want to give specific gifts to anyone, select None for Specific Gifts and leave the residue of your estate to the other partner.Does marriage revoke a previous Will?In most jurisdictions, if you get married, any previous Will that you made is revoked unless the Will was made in contemplation of marriage and that fact is expressed somewhere in the Will. If you want to make a Will in contemplation of marriage, make a Will and use the Additional Provisions section to say This Will was made in contemplation of marriage to my fianc, ________.Does divorce revoke a previous Will?Depending on the jurisdiction in which you reside, a divorce may revoke your previously made will. In some jurisdictions your entire will is revoked upon divorce. In other jurisdictions a divorce may have no effect on your will or only specific provisions relating to your former spouse will be revoked. Note In Australian Capital Territory, Queensland and New South Wales, divorce has the effect of revoking provisions relating to the ex-spouse. In Tasmania, divorce will revoke the previously made Will altogether.Can I use this Will if I am in a same-sex de fac to relationship?Yes, this Will can be used if you are in either a same-sex or an opposite sex de facto relationship. You can this Will to select your de facto partner as your executor, guardian and/or the major beneficiary of your estate.Wills and Your ChildrenHow do I address step-children?Stepchildren are not your natural heirs unless you have legally adopted them. They are not included if you leave property to all my children. If you want to leave something to your stepchildren, you must name them as beneficiaries in your Will.Do I have to list all my children?You must list ALL children. Any child not specifically named in your Will may have the right to claim against your Will as if no Will had been created. If you need to disinherit a child you should do so by naming and disinheriting that child specifically. Otherwise, if you simply leave out a child, a court may assume that you made a mistake and may re-interpret the Will including the missing child.What is a guardian?A guar dian is a person the testator appoints to look after the testators minor children when the testator dies.Do I have to appoint a guardian for minor children in my will?You do not have to appoint a guardian for your minor children however, if you do not, the courts will decide who will look after your children if no other person having parental rights survives you.What should I consider when appointing a guardian?When appointing a guardian you may want to consider the following questions Will my proposed guardian be old enough to look after my children? (Your proposed guardian must be an adult.) Does my proposed guardian have experience raising children? Is my proposed guardian concerned about my childs welfare? Is my proposed guardian able to care for my child emotionally, physically and financially? Does the proposed guardian have the time to take care of my children? Does my child like and feel comfortable around the proposed guardian? Where does my proposed guardian reside? (It ma y be difficult or upsetting for your child to move right after your death.)For more information see Naming a Guardian for Your ChildrenGiftsCan all my property be given away in a Will?Not all property can be given away in a Will. Property that cannot be gifted in a Will is commonly referred to as non-estate assests. Non-estate assests typically cover the following superannuation death benefits - Generally the trustee has the discretion to decide who receives the superannuation benefit. Usually, a trustee will follow the testators death benefit nomination, however the trustee is not obliged to do so unless a binding nomination has been made. life insurance - Life insurance is typically a non-estate asset unless the nominated beneficiary is the person whose life has been insured. assets owned in a family trust - Family trust assets are non-estate assets because they are not personally owned by the testator. assets owned by a family company - Wills can transfer the shares owned by the testator (and therefore control of the company) however a Will cannot specifically transfer ownership of the assets of the company. assets held by a private company - Generally, private company assets are non-estate assets because they are not personally owned by the testator. A testator may be able to leave his/her shares in the company in a Will subject to the governing rules of the company. jointly owned property - Full-ownership of any jointly-held property will be automatically transferred to the surviving owner. The surviving owner can then transfer the property in his/her Will.What is a Specific Gift?A specific gift is just what it sounds like. It is a gift of a specific item of property or sum of money to a named beneficiary. For example I give my diamond engagement ring to my daughter, Sally Jones. I give $5000.00 to my friend, James Smith.Everything that is not given away as a specific gift forms the residue of the estate.What is the Residue of the Estate?The re sidue of the estate is all of your property that is not used to pay your debts or given as a specific gift.For example, if you own a house, household items such as furniture and jewelry, a car and a savings account, and you give your car to your son, and your jewelry to your daughter, your house, all other household items, and your savings account will be the residue of your estate. If you give the residue to your spouse, your spouse will get your house, your household items (less the jewelry) and your savings account.Remember, your executor has to pay debts before the residue of your estate is distributed. So if you had $25,000.00 in savings and $10,000.00 in debt, your executor would have to pay the $10,000.00 debt before distributing the residue. Debts are usually payable out of the residue first, and if there is not enough money from the residue, then specific gifts will be sold for cash to pay debts.Please note that your spouse, your ex-spouse, someone you are cohabiting wit h and your children may be entitled to portions of your estate notwithstanding the provisions of your Will. If you are unsure as to your obligations, consult a local solicitor.What is the difference between an absolute gift and a conditional gift?An absolute gift is a gift of property that gives the recipient complete possession and control over the property. Upon receipt of the gift, the recipient owns the property and may do whatever he/she wants with it, subject, of course, to legal regulation for the use of the property.A conditional gift is a gift of property which is revocable if the recipient does not fulfill conditions attached to the gift. For example I give my house to my friend John, provided that my friend John take care of whatever cats I own on my death for as long as the cats shall live.Law Depots Will provides for absolute gifts in both the Specific Gifts section and the Distribution of Residue section. You may use the Additional Provisions feature to give a cond itional gift, but the law surrounding conditional gifts is complex, and you should probably seek legal advice in your jurisdiction to properly effect a conditional gift.What does this mean the devisee takes the property subject to the mortgage?It is the job of the executor to pay outstanding debts out of the assets of the estate. However, if any land (real property) is given as a gift, and has a mortgage attached to it, then that beneficiary (devisee) receives the land subject to the mortgage. The executor will not pay the outstanding mortgage out of the assets of the estate. This clause is a direction for the executor to protect other beneficiaries.If a beneficiary (devisee) receives the whole estate or has other assets, they are entitled to pay the mortgage themselves.Example 1A person leaves their entire estate to their spouse (a home with a mortgage plus a bank account). In this case, this clause has no effect. The home and bank account go to the surviving spouse. This clause do es NOT mean that the surviving spouse cannot spend the cash portion of the estate to pay off the mortgage. Of course they can. Once the estate is settled, a beneficiary can do whatever they want with a gift.Example 2The purpose of this clause is to help protect against the following situation A mother owns 300,000 in equity in a house and 300,000 in a bank account. The mother wants to give equal value to each of two sons. The mother gives my home to son 1 and my bank account to son 2. But the house has a total value of 500,000 with an outstanding mortgage of 200,000. The mistaken executor decides to pay off the debts of the estate (the mortgage) before distributing the gifts. Son 1 will get a 500,000 debt-free house and son 2 only gets 100,000 the remainder of the bank account. Clearly not what the mother intended.Pets and Pet GuardiansCan I name a pet as a beneficiary?You should not name your pets as beneficiaries. Instead you should provide instructions to your executor to find suitable care for your pets and leave money for the pets upkeep.How can I ensure my pet is fed and watered in case of my sudden illness or death?Where possible, you should discuss your concerns with trusted friends and family. Ideally, you should leave spare house keys with trusted acquaintances. You should also consider carrying an information card in your wallet to alert emergency medical personnel. This card should contain contact information for pet caregivers as well as any important medical information pertaining to your pets.MiscellaneousCan I put instructions for my funeral in my Will?You can include your wishes for your funeral in your Will. However, your expressed wishes are not binding, and there is a good possibility no one will look at your Will until after your funeral. If you do put directions for your funeral in your Will, make sure your executor and family members who will be arranging your funeral know that you have done so. You can use the Additional Clauses s ection to specify your funeral instructions.What can I put in the Additional Clauses section?The Additional Clauses section allows you to add up to four clauses to your Will. You can use this section to add specific gifts, to give conditional gifts or to express your non-binding wishes about some matter. Do not use this section to express your health care wishes. Health care wishes should be prescribed in a health care directive. Do not use this section to tell a beneficiary how to use a gift. When the property passes to the beneficiary, the beneficiary owns it and can use it however he/she so chooses. Do not give away other peoples property in this section. You can only give away property that you own. Do not give away property that is jointly owned with someone else. If you own property jointly with someone, on your death the other owner automatically becomes the owner of the entire property. Do not give away a gift a second time. For example, if you left your house to your spouse in the Specific Gifts section, you cannot instruct that it go to your children on your spouses death in an additional clause. Your spouse will own the house and have the right to dispose of it as he or she sees fit.What is an International Will?An international will is a Will that has been prepared according to the rules regarding international Wills set out in the Washington Convention of 1973. When a person has prepared a Will and then moves to another country, province or state, or where the testator owns property in a foreign jurisdiction there can be conflicts between the laws of the jurisdictions that could prevent the Will from being interpreted as the testator had intended. In this case the testator may wish to prepare a Will in the form prescribed for an International Will. A properly prepared International Will is then recognized as valid in any other state or nation that has adopted the Washington Convention. If you own assets in a different country or state, or if you have a foreign domicile, then please seek advice from a lawyer in the relevant jurisdiction.Signing DetailsHow and what do I sign?To properly execute your Will, you will have to be present with your chosen witnesses. You will have to identify to them that this document is your Last Will and Testament. You will then initial each page of the document at the bottom of the page, below all the text, except the signing page of your Will, which requires your full signature. To be valid, you must sign the final (signing) page with your usual check-signing signature. No text should appear on the last page after your signature other than the witness signing area. Signing and initialing of the pages must occur in the presence of your witnesses.Can a beneficiary witness my Will?In most states, if one of your witnesses is also a beneficiary, then your Will is still valid, but any gift to a witness may be reduced in value to that permitted by law. In general, where a witness is also a ben eficiary, this can create a presumption that the gift was given under duress.To ensure that your Will is followed exactly, your witnesses should not be any person to whom you leave property, nor the spouse of any person to whom you have left property. Can my executor witness my Will?Yes, but only if the executor is not a beneficiary in your Will.The best approach is to use a self-proving Last Will.Do I have to file my Will?You do not have to file your Will with any court system or government body. However, you should store your Will in a stahlkammer place where your executor or personal representative will be able to locate it.What law will apply concerning my Last Will?The governing law for your Last Will and any Codicils attached to it will be the law of the jurisdiction where you live at the time of your death. However, the probate court will want to verify that your Last Will was executed (signed and witnessed) correctly. In most jurisdictions the probate court will want to ver ify that your Last Will and Codicils were signed in compliance with one of the followinglocal laws (the place where the Last Will is submitted for probate) or the law of the place where the Last Will is signed (executed) orthe law of the place where the testator is domiciled, either at the time of signing or at the time of death.
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