Life Writing a will

Msmith · 03-28-2011, 11:14 AM

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.

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.

03-28-2011, 11:24 AM

Quote:

Originally Posted by gblowfish

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

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

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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03-28-2011, 11:14 AM
Msmith Veteran Join Date: Jan 2004 Casino cash: $9078035	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?
Posts: 1,999

03-28-2011, 11:17 AM	#2
Joie Veteran Join Date: Jan 2007 Location: Kansas Casino cash: $10004900	I think it at least has to be notarized.
Posts: 4,171

03-28-2011, 11:17 AM	#3
Phobia Guest Casino cash: $	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.
Posts: n/a

03-28-2011, 11:22 AM	#4
seclark MVP Join Date: Aug 2000 Location: nemo Casino cash: $1419900	i got one just so my 3 kids can share the burden of paying for my bills equally. __________________ "Mr. seclark. Wrong for gravy, wrong for jelly, wrong for biscuits." -rj "If every Planeteer who was disliked by another Planeteer stopped being a Planeteer we wouldn't have any Planeteers." -rj
Posts: 13,402

03-28-2011, 11:23 AM	#5
gblowfish Be Kind To Your Pets Join Date: Jun 2002 Location: Glorious Independence, MO Casino cash: $17606178 VARSITY	You can leave all your worldly goods to my cats if you like. One of them is studying law as we speak.
Posts: 40,843

03-28-2011, 11:24 AM	#7
DaFace Kind of a mod Join Date: Aug 2005 Location: Donkey Land Casino cash: $1756899	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.
Posts: 51,964

03-28-2011, 11:28 AM	#8
luv MY LITTLE #15 Join Date: Dec 2004 Location: Springfield, MO Casino cash: $6089600	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.
Posts: 63,446

03-28-2011, 11:33 AM	#9
Joie Veteran Join Date: Jan 2007 Location: Kansas Casino cash: $10004900	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.
Posts: 4,171

03-28-2011, 11:41 AM	#12
mikeyis4dcats. Scarlett Johansson's boytoy Join Date: Nov 2006 Casino cash: $9555998	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. __________________
Posts: 12,526

03-28-2011, 11:48 AM	#13
WV Veteran Join Date: Feb 2010 Location: In the Holler Casino cash: $10004950	Don't know anything about it, but there is this site. http://www.legalzoom.com/
Posts: 4,983

03-28-2011, 12:05 PM	#14
verbaljitsu Starter Join Date: Dec 2009 Casino cash: $10013092	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.
Posts: 440

03-28-2011, 01:34 PM	#15
Buehler445 Supporter Join Date: Apr 2007 Location: Scott City KS Casino cash: $2044734	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. Posted via Mobile Device*
Posts: 56,916