Like everyone around you, you probably own something. You might own real property like a house, or personal property like furniture, bank accounts, automobiles or other similar things. And as the owner of all this stuff, which is called your “estate,” you have the privilege of deciding what will happen to it after you are gone. You can decide and select who will get what items from your estate.

One way to decide and let everyone know what you want done with your estate is to write a Last Will & Testament or a Will, for short.

It is in your Will that you lay out who will get what items from your estate. When you write your Will, you become known as the Testator, and the people to whom you may leave something are known as Beneficiaries.

Whatever you decide to do, it is supposed to be your decision. After all, it is all your estate and it is your Will. Unfortunately, some potential beneficiaries may not understand that it is the testator’s Will.

For example, I once received a call from a person named as a beneficiary in a Will of one of my senior clients. This beneficiary had apparently read my client’s Will (although my client was still alive and well) and decided that it needed to be changed. And, of course, the change being demanded was totally in this beneficiary’s favor, and would make sure certain other beneficiaries would get nothing.

Contrary to what this beneficiary wanted, I refused to discuss anything about my client’s Will and refused to take directions for changing my client’s Will from this person. Needless to say, the beneficiary was not pleased with me and hung up in a huff. It was clear this person believed the right to dictate what was in my client’s Will was their right as a named beneficiary.

Well, legally speaking, that beneficiary is wrong. A beneficiary does not have a right to dictate what they will get from your estate. A beneficiary does not have a right to write your Will. A beneficiary does not become legally entitled to anything through a Will until the testator dies.

This point becomes clear when you consider the fact that even after you have written your Will, you can change it or revoke it. And, you can still do whatever you want with all the things you own.

For example, if you have a house that you said would go to your son in your Will, you can still sell your house if you want to or need to for whatever reason. That part of the Will, which gave it to your son, would essentially become no good—null & void, because there is now no house for your son to get after you are gone.

While it is normal for you to discuss things about your estate and Will with family who may be your beneficiaries, keep in mind that it is still your Will.

What you write in your Will, what items you give to whomever you choose, it is all your decision.

Don’t forget that when your beneficiaries start acting like your estate already belongs to them. Don’t forget you can always change your Will. In fact, you could even revoke your Will on your deathbed by ripping it up, if you wanted to. (Although, I do not recommend that.)

Just be sure when you write your Will, it is your Will.

In the meantime, remember: Protect yourself and your family. Know your responsibilities as well as your rights and how to assert them when you need to.

Legal Notes is based on general law and is not intended as individualized advice. If you have a legal problem, contact a licensed attorney to discuss how the law affects your particular legal problem and facts.

South Jersey Legal Services offers free legal services to income-eligible residents and senior citizens in the seven southern counties: Cumberland, Salem, Gloucester, Camden, Burlington, Atlantic & Cape May. For assistance, call the centralized intake unit at 1-800-496-4570.