LEAVING IT BEHIND; PROTECT YOURSELF WITH AN ESTATE PLAN.

Byline: Enrique Rivero Daily News Staff Writer

Where there's a will, there's a way - and if you want to get your way after you die, you'd better have an ironclad will.

It's a subject most of us would rather not think about - our own mortality. But get used to the fact that someday you will depart this world and all you have in it. And like the title of the famous play by George S. Kaufman and Moss Hart says, you can't take it with you.

So bear this in mind: If you die without leaving a will, state laws outline the division of your estate. Wouldn't you rather have the last word?

To make life easier for those you leave behind, you should lay out in detail exactly where - in this world, not in the next - you want your personal property to go. You can do it through a will or living trust.

Will power

According to the State Bar of California, there are three ways to make a will:

A handwritten or ``holographic'' will. It must be completely handwritten in clear, legible writing that details who gets what. You must sign and date it and, though not required, it is recommended that you have two witnesses present who will also sign the will.

A California Statutory Will Form. It's a simple, fill-in-the-blanks form suited for simple situations. To obtain the form, send a stamped, self-addressed envelope and $2 to Statutory Will Form, State Bar of California, 555 Franklin St., San Francisco, CA 91402.

An attorney-prepared will. Any typed or printed will should be signed by two witnesses who are not beneficiaries in your will.

If you choose a holographic or form will, you should have an attorney review it.Also, you should appoint an executor who will oversee your financial affairs, distribution of property and other matters after your death.

Living trust

Don't want a will? The other option is a living trust. Also known as a revocable inter vivos trust, it allows you to transfer property into it and specify a trustee who will manage the property.

It is a complex document, and you should see an estate planning attorney.

More estate planning facts:

An estate plan can help you reduce federal taxes on estates worth more than $600,000.

A detailed plan also can help your loved ones avoid lengthy and costly proceedings to determine the fate of your property.

A living trust could help you avoid probate - that is, a court proceeding in which your assets, debts and property are accounted for, paid and distributed.

You can make simple subsequent changes to your will through a codicil, which becomes an addition to your will.

You should consider writing an entirely new will when there are major changes in your circumstances - for example, when you marry, divorce, or there is a birth or death in the family.

Do not change the will by making revisions directly to the original document.

Wills do not cover all property. They do not cover life insurance policies, retirement plans or living trusts, each of which includes its own listing of beneficiaries; property you owned as a joint tenant, your share of which goes to the co-owners; or your spouse's half of community property.

Getting help

For more information, call the Los Angeles County Bar Association's SmartLaw line at [phone], then press 1 and the following extensions: 660 for wills, and 662, 663 and 664 for estate planning.

For attorney referrals, call [phone] Monday through Friday from 9 a.m. to 4:45 p.m.

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2 Boxes

Box: (1) LAST WILL AND TESTAMENT OF JOHN DOUGH

(2) Getting help (See Text)