5 Must-Have Legal Documents

1. Will 

“There’s no question about this being an important document,” says Muller Davis, a partner at Davis Friedman. “Without one, your heirs are dependent on what state laws say.” Have a copy of your will in a place you can easily access, says Miles N. Beermann, a partner at Beermann Swerdlove. “The original, signed document should be in a safety deposit box or with a lawyer.”

2. Power of Attorney for Healthcare 

If you are incapacitated, this document designates the person who makes medical decisions for you, says Sandra Murphy, a partner at McDermott Will & Emery. She distinguishes this from a living will, which specifies any life-sustaining interventions you are willing to accept.

3. Marriage/Divorce Documents

Contracts between unmarried parties, marriage and divorce documents include prenuptial agreements, marriage licenses, divorce-settlement and joint-parenting agreements.

Judges rely on marital settlement agreements to interpret the rights, responsibilities and obligations of the parties involved. “These need to be clear and unambiguous,” says Michael Kalcheim, a partner at Kalcheim Haber & Kuzniar.

4. Power of Attorney for Property

If you become incapacitated, this document allows a designated person to act for you. For instance, a parent may decide in advance that an adult child may take responsibility for her decisions, Murphy says.

“Be sure the person you appoint is trustworthy,” Beermann warns.

5. Deeds to Property

“It’s amazing to me how many people don’t know how the title to their home is held,” Murphy says. “It’s especially important to have these [documents] during a divorce.”