Wills

[PikeTipper]

A bit off topic but does anyone have any experience in having a will written? Any advice to give or can you recommend a good attorney in the metro?

Thanks

[hawkeye43]

Is it something in the air or what?? My wife has been on my case to get it done also. Hmmmmmm. maybe she has other ideas too.

[delmuts]

if you guys don't have one made up, do so!i have seen some of the legal problems that have come about for families when there wasn't one.it gives wives,( or in my case my kids!) peace of mind. just in case! del

[gunflint]

I haven't written a will. (I know I Should) However I have a good friend who is under instruction to take over control of my fishing and hunting gear and get it's value. My family wouldn't have a clue what it's worth. Of course That's intentional.

[Wavey Davey]

I'd rather talk fishing than wills, but anyways...

Had one made up by a lawyer many years ago and it was cheap.

Recently we wanted to update it and they wanted $200 or more to do it. Instead, my wife went online, printed out a standard "fill in the blank" will. We filled it out and had a notery public witness our signatures and stamp it. Had it done at her credit union at no charge. So, NO COST AT ALL for any of it. There's $200 that can go towards fishing instead. This type of simple will should work for most people.

[lawdog]

Was it a self proving will that will be admissable in probate court without the need of hearings and witness testimony? Do you even have a clue what I'm talking about? If not you'll spend $1000 for that $200 you saved just getting started on probate. Also, there are many things that people miss or don't understand in wills. I've had some clients with these computer generated ones and they aren't usually that good. Have one right now that has lead to the widower and his step kids basically having a war over not really anything for an estate.

Moral of the story, EVERYONE with minor children needs to have a will and it should have some trust provisions in it for the kids and some recommendations as to where the kids should end up. These should be professionally prepared by an attorney. Also, most people with any amount of assets want to have some sort of will to decide how they are to be divided. If, however, you are a married couple without kids and you want your spouse to get everything, then you don't need one, that's what will happen anyway. Actually if you have kids and they are all adult, you probably still don't really need one unless you have a bit of an estate to leave behind. There are other factors too, this is just the tip of the iceberg.

[harvey lee]

I would agree with Lawdog 100%. I know you can have a cheap will done but I do not want the wrong things to happen with my Estate if the worst were to happen. For the little extra that it costs I would not have my will done on a generic form. Thats just my feelings.

[Wavey Davey]

The will we did ourselves is a legal document that is admissible in court. It is straight forward and covers what we wanted it to. I am not saying this type of will fits everyone's own situation. It's an option that's out there.

[lawdog]

Quote:

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The will we did ourselves is a legal document that is admissible in court.

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That really wasn't the question, and given that you didn't even attempt to answer it, I will bet its not self proved. I would say its all but malpractice for an attorney to do one that isn't self proved and that should tell you how worthwhile your free one is... I'm not ripping you, just you need to understand you probably got just what you paid for and unless you know what it is, you shouldn't be so sure it suits your needs just because somebody on the internet says it will.

Good luck with it!

[fisherdog19]

Ditto on Lawdog, we had a will drawn up to cover everything under the sun by our Attorney. Trusts for kids, a local bank set up to administrate the trust until they are of the age set forth in the will, proper division of assets, guardians for our children just in case, etc. Yes, it cost us about $700, but it has everything we want in it, and will not be able to be questioned at all if someone isn't happy about how we set it up.

[Down Deep]

Two reasons a person may want to hire a lawyer to draw a will is that the person gets legal advice about the options that are available. Many of which the common man usually will have no knowledge about. This becomes especially important is the heirs are in different states. Secondly, the attorney will make sure that the terms of the will are followed through on. I had an attorney draw my will twice. The last update cost me about $600.

[Wavey Davey]

Of course a lawyer would recommend an attorney, it's self serving. And no, I don't put a lot of faith in what's on the internet. You're on the internet and you have your opinion, I don't have to agree with it. Have a good day.

[luckey]

There are three documents everyone should have.

1. Will

2. Living Will or Health Care Directive

3. Power of Attorney

Lawdog gave good advice about self proving will.

"In the statutory law of wills and trusts in the United States, an attestation clause is a clause that is typically appended to a will, often just below the place of the testator's signature. Its purpose is to allow the will to be admitted to probate without affidavits from the attesting witnesses to be submitted to the probate court along with the will itself. A will containing an attestation clause is often called a self-proved will"

Like most things, the more complicated the situation, the more detailed the documentation should be. First off, I am NOT an attorney and secondly this is on the internet so beare that in mind. The above completed documents may become an impediment if life situations have changed (death, birth, diviorce, etc.) and the documents have not been updated. Who would want their ex spouse making the decision to pull the plug on you? One hint on a Will, if you are going to give some of your toys (guns, old car, or other specific item) to an individual, enter this as an attachment and not part of the will itself. This way the attachment can be changed without redoing the entire will.

I think the main point here is don't put off getting the douments until they are needed because then it's too late.

[Mark Christianson]

If you have a pre-paid legal service through your employer, you may want to check that out.

We have it at work, and I signed up for it and paid 2 months of pre-paid legal service and got the will, living will and power of attorney done.

Costed me all of $30. Basically I had the service for 2 months at $15 per month, and canceled when we completed the work.

[PikeTipper]

Why would you want a Power of Attorney if you are able to make your own decisions? Unless it only kicks in when you can no longer do so.

[muchowja]

The complications of writing a will is proof of the greed that has become prevalent in this country. A person should be able to hand write his own will and have it notarized and it should be admissable in any court of law. It is up to me where my stuff goes and if I write it in plain English than that is where it should go.

[lawdog]

Quote:

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Why would you want a Power of Attorney if you are able to make your own decisions?

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Because its too late to do one when you are incapacitated and unable to make those decisions anymore.

[luckey]

Here is a quick explaination that should answer some of the questions brought up here. Note: This is not my definition just information avaiable elsewhere.

Are There different types of powers of attorney?

Yes. There are "Nondurable ," "Durable," and "Springing" Power of Attorney. A "Nondurable" Power of Attorney takes effect immediately. It remains in effect until it is revoked by the Principal, or until the Principal becomes mentally incompetent or dies.

A "Nondurable" Power of Attorney is often used for a specific transaction, like the closing on the sale of residence, or the handling of the Principal's financial affairs while the Principal is traveling outside of the country.

A "Durable" Power of Attorney enables the Agent to act for the Principal even after the Principal is not mentally competent or physically able to make decisions. The "Durable" Power of Attorney may be used immediately, and is effective until it is revoked by the Principal, or until the Principal's death.

A "Springing" Power of Attorney becomes effective at a future time. That is, it "springs up" upon the happenings of a specific event chosen by the Power of Attorney. Often that event is the illness or disability of the Principal.

The "Springing" Power of Attorney will frequently provide that the Principal's physician will determine whether the Principal is competent to handle his or her financial affairs. A "Springing" Power of Attorney remains in effect until the Principal's death, or until revoked by a court.