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Msmith 03-28-2011 11:14 AM

Writing a will
 
Just got back from the funeral of a friend's mom. She didn't write a will and she had several kids. It gets me thinking: I do not have a will either.

To have a legit will, do you need a lawyer, or some simple one printed from the computer?

Joie 03-28-2011 11:17 AM

I think it at least has to be notarized.

Phobia 03-28-2011 11:17 AM

You don't know legal definitions and terms. If you don't want somebody contesting your will and finding loopholes you'll use a lawyer. If you can't afford $150 for a lawyer to do a simple will then you don't have anything worth inheriting anyway.

I think there are other online options to get you into a will for $40-50 but I can't vouch for them.

seclark 03-28-2011 11:22 AM

i got one just so my 3 kids can share the burden of paying for my bills equally.

gblowfish 03-28-2011 11:23 AM

You can leave all your worldly goods to my cats if you like.
One of them is studying law as we speak.

Phobia 03-28-2011 11:24 AM

Quote:

Originally Posted by gblowfish (Post 7522229)
You can leave all your worldly goods to my cats if you like.
One of them is studying law as we speak.

Most people think you're joking. I happen to know you're dead serious for you do not joke about cats. Cats is serious bidness.

DaFace 03-28-2011 11:24 AM

In most cases, it's best to find a lawyer who can help you make sure you've got it done right. However, if you're in a pinch, there are software solutions out there that will walk you through the process. Intuit (makers of Quicken, Turbotax, and Quickbooks) has one called Willmaker. It's not ideal, but it will most likely suffice.

luv 03-28-2011 11:28 AM

I would definitely hire a lawyer. There are several criteria that have to be present for a will to be valid.Also, there are other documents you might want to draw up including a durable power of attorney, medical advanced directives, etc. At least consult with an attorney.

Joie 03-28-2011 11:33 AM

In all honesty, unless you have an estate (money or expensive things) I probably wouldn't worry about a lawyer. Just have it notarized.

Unless you have children you would be leaving in someone else's custody. Then definitely hire a lawyer and make sure it's done correctly.

luv 03-28-2011 11:38 AM

Quote:

Originally Posted by Joie (Post 7522256)
In all honesty, unless you have an estate (money or expensive things) I probably wouldn't worry about a lawyer. Just have it notarized.

Unless you have children you would be leaving in someone else's custody. Then definitely hire a lawyer and make sure it's done correctly.

And include certain clauses verifying that you are of sound mind, not under duress, etc. Also, must have two witnesses who are at least 18, not related to you, and watched you sign it. Also, notaries need to witness or be able to verify signatures before notarizing. Whatever you do, I would at least have an attorney look it over, even if you do not have them prepare it.

Also, if you do not have much, a will may not even be necessary, as there are alternative things you can do.

I still say at least consult with an attorney either way. Consultations are typically free or at least fairly inexpensive.

Joie 03-28-2011 11:41 AM

Quote:

Originally Posted by luv (Post 7522266)
And include certain clauses verifying that you are of sound mind, not under duress, etc. Also, must have two witnesses who are at least 18, not related to you, and watched you sign it. Also, notaries need to witness or be able to verify signatures before notarizing. Whatever you do, I would at least have an attorney look it over, even if you do not have them prepare it.

Also, if you do not have much, a will may not even be necessary, as there are alternative things you can do.

I still say at least consult with an attorney either way. Consultations are typically free or at least fairly inexpensive.

Yes, definitely have a lawyer look it over even if they don't prepare it. Again, though, if kids are involved it's probably best to have the attorney prepare it. The last thing kids who have lost their parents need is to be caught in the middle of a custody fight.

mikeyis4dcats. 03-28-2011 11:41 AM

it depends on your state. Some (but few) recognize holographic wills. Most of those need notarized and/or witnessed to be valid. Some states do not.

WV 03-28-2011 11:48 AM

Don't know anything about it, but there is this site. http://www.legalzoom.com/

verbaljitsu 03-28-2011 12:05 PM

I am a lawyer.

I don't specialize in estate planning, but members of my firm do, and I have on occasion prepared a will.

If 10 people come through our office, 9 of them would have completely screwed up their estate had they not hired us. It really is much more complicated than most people think. Most anyone with significant assets will need a trust and not just a will.

Hiring a lawyer to prepare your estate is a form of insurance. If the lawyer screws it up, then at least somebody is on the hook for it.

If you don't own a home (or other real property), retirement accounts, investments, collections, or significant amounts of cash, then you probably don't need a lawyer. Otherwise, you should find one. Trusts can be expensive, but most lawyers will prepare a will for much cheaper than you probably think.

Buehler445 03-28-2011 01:34 PM

Lawyer up. It is not worth ****ing up. Then tell your heirs what's going on and what's going to happen when you die.

You don't want your kids hating eachother forever because you were too cheap to hire a lawyer.

Plus, the damn laws change all the time, so you need someone working for you.
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Iowanian 03-28-2011 03:56 PM

This winter, one of my best friends died in a car fire, and within a month another was in a bad accident and is pretty much a quad now.

I've been putting it off, but brideowanian and I had our will done, and put our wishes in a living will as well.

If you've got kids, or any property at all, it's a responsible thing to do, and a gift to the person who will be in charge of cleaning up your financial life if something happens.

I think it cost me $250 total and I think it's worth every dime if something should happen to myself or both of us.

It will make you think, it IS a reality check and it's not really an awesome experience...but it's worth doing if you've ever known someone who has died without one.

Buehler445 03-28-2011 04:03 PM

If you can get one done for 250, do it now.
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