online wills

[cephas53]

Need to update my will. Nothing complicated. Primary home, whatever cash in bank. Local firm Dewey, Cheatem & Howe seems a bit expensive. Anybody ever use an online software service?
Any recommendations?

[Nobade]

Never used an online one but office Max has will kits with a book and CD for $50. I was thinking about trying that.

[BigMagShooter]

if you're worried about starting a family fued, pay the money get it done right with a lawyer and then rest easy as you'll know you made it easy for those family members who would get run over by the others.

I was in court on a jury to determine if a will by the deceased was made while he was in sound mind and body.

after it was over it pretty much looked like the 'upset' members of the family wanted more than what they got in the will.

the will prevailed and being drawn up right by a law firm went a long way in the testimony of what the deceased wished.

additionally any savings or IRA's or other such can be handed down to those you want and GREAT benefits can be had from them. It's called a Stretch IRA, ask about it. :)

it's worth talking to a financial planner/advisor then going and setting up a will.

[Petrol & Powder]

Shop around for an attorney; like any entrepreneur, they set their own prices. Look for someone that works on their own or is in a small firm, their overhead will be less.

There are good reasons to use an attorney. The attorney will know the location of the will, typically in his or her office. The attorney will handle the requirements for witnesses. The attorney will know nuances of the law.

[shooter93]

I really don't know if any online wills are good or not but here in Pa. everything has to go through probate court so even Living Wills are subject to a procedure even if you were told different. I've been through this many times already. take the recommendation about getting a Lawyer but shop around and ask prices. Some firms specialize and have reasonable rates for simple estates.

[threett1]

uslegalforms.com is where I made my last one 8 years ago. Ready to update and kind of in a quandry myself. Thru the years there has been a toxic situation develope between me and oldest urged on by a very toxic ex. Fairly straightforward but don't want the other two to be cheated by a very greedy sibling.

[smokeywolf]

I wrote my parent's wills and living trust. Used a computer program, which cost under $100, then had an attorney check it, which cost under $300.

[PoisonIvyMagnet]

Need to update my will. Nothing complicated. Primary home, whatever cash in bank. Local firm Dewey, Cheatem & Howe seems a bit expensive. Anybody ever use an online software service?
Any recommendations?My mom used software online for her will. Works fine, but I would recommend looking into registering the will once it's done. After mom passed, my sister was the executor for the estate. She had to go through extra hassle with the court because the will wasn't registered with the county mom had lived in. While there are no requirements to register a will, it may help make things go smoother if you do.

Sent from my HTC6535LVW using Tapatalk

[mold maker]

Don't wait for a will to determine who gets what. It's your stuff, give it to whomever, now. Give them the opportunity to say thank you or kiss my donkey. You might as well know who appreciates you while youre alive. Let everyone know your intentions and if there are personal requests they can be accomidated or ignored as you wish.
Wills can be contested by anyone and the state makes the final decision.

[Petrol & Powder]

The Will itself is not a complicated document. In fact, it is one of the simpler legal instruments.
A will can be drawn up without the assistance of an attorney and that is why these on-line services exist. However, the assistance of an attorney can be beneficial. Most of the problems associated with wills occur after the person is dead and it's a little late then to ask them to clarify what they intended ! Attorneys can draw up wills that avoid some of the confusion.


A few issues that commonly occur:
Where IS the will? (Dad died, we know he had a will, where did he keep it?)
Is the will the LAST will ?
Who is the executor? Who is the alternate executor?
Where is the property to be disbursed ? (This can get fuzzy when banks change names, personal property is not clearly identified and when land has been sub-divided)
Marriages, Divorces, grandchildren, step-children, etc. can make a will that was simple and clear; complicated and fuzzy. Fuzzy isn't good.

So, while there is nothing wrong with a will prepared from some guide (on-line form), provided that it is properly witnessed and meets the other requirements (sound mind, not coerced, is in fact the last will, the intent is clear and legal) - it's probably worth the money to hire an attorney.

[MT Gianni]

Parents went with a trust. It has worked well for the four of us because we all get along and no one was in dire need. Only problem has been bugging a sister not to keep checks for over 2 months before cashing them. It worked as the estate which was valued a 1.5 million + at one time dropped to 40% because of the real estate drop at their death. All involved understand you cannot live in the past about things. Only real problems were with the Boat salesman who sold Dad a $25K boat at the age of 90 with out anyone else in the family being aware of it. I think he used it twice.

[bedbugbilly]

When it comes to Wills and Trusts - I'm a firm believer that you get what you pay for. Nobody wants to pay the high rate of an attorney but if there is a possibility of a family squabble (and NO family is immune to that) or anything but simple - do it the right way and have an attorney do it. Out here where we are in AZ, I know of two different individuals who used a "caned Will" from off the Internet - it was a nightmare for their Executors when the time came. I have been the Trustee and Executor of several estates and it makes a world of difference to settle an estate when everything has been covered by a well written Will and Trust - especially when it comes to avoiding Probate. Every state is different I'm sure, and the laws change over time. If you do an online Will, I'd at least have an attorney look it over to make sure you have all of you bases covered for what your wishes are. Good luck to you and at least you are thinking ahead which is more than a lot of people do, only to leave things in a mess when they pass.

[Goatwhiskers]

Just bear in mind that the one thing that can tear apart the tightest knit family is MONEY. GW

[smokeywolf]

Just bear in mind that the one thing that can tear apart the tightest knit family is MONEY. GW

Sister and I don't talk anymore because she put money ahead of family. Our mother warned me she would do that.

[alamogunr]

I used an online will program to write a codicil to our wills. Both sons are aware of what we wanted to do and were in agreement. Our attorney is the one who recommended that we do this since it was so simple. I guess if we had contentious offspring we should have gone ahead and spent the money but neither son is hurting and both have tried to tell us to go ahead and spend it.

EDIT: I guess I should have pointed out that both our sons are in better financial shape than we were at their age although one is more prosperous than the other, neither is particularly greedy.

[marlin39a]

I used Legalzoom for mine.

[bangerjim]

Last year we had our wills and living family trust updated/rewritten. Cost = $2,500. Paid for by my investment broker firm. Big THICK book!

My son bought the LegalZoom package for his needs and it was almost the same exact thing for around $100. I compaired page by page and both were very similar.

LegalZoom provides the package but no support in the future if you need it. The law firm that did our will/trust wil always be there for any advice needed in the future.

Do what you can afford for the size of your estate involved. But do SOMETHING!!!!!!

Banger

[cephas53]

i
additionally any savings or IRA's or other such can be handed down to those you want and GREAT benefits can be had from them. It's called a Stretch IRA, ask about it. :)

Interesting, worth more investigation. Thanks.

[johnho]

Last year we had our wills and living family trust updated/rewritten. Cost = $2,500. Paid for by my investment broker firm. Big THICK book!

My son bought the LegalZoom package for his needs and it was almost the same exact thing for around $100. I compaired page by page and both were very similar.

LegalZoom provides the package but no support in the future if you need it. The law firm that did our will/trust wil always be there for any advice needed in the future.

Do what you can afford for the size of your estate involved. But do SOMETHING!!!!!!

Banger

I feel your pain. I just made some minor changes and updated my trust and it cost right at $2,000. But worth every penny as it's up to date legally. With the changes I wanted to make it totally changed how my IRA needed to be handled. If complicated you have to use an estate lawyer, if simple I'd still say to use a lawyer. My GF went with on line forms for NC and it seems ok but she has no complications. These documents (will, living will, Health Care Surrogate and POA) have to be handled and filled in properly and some notarized. I can't see where it should cost more then $500 for a simple Will and other forms. Having been through this when my wife passed away I can tell you it's REALLY important to have it done right. Especially with the Health Care Surrogate. Do NOT put this off, you never know when it's going to be needed.

[dverna]

Last year we had our wills and living family trust updated/rewritten. Cost = $2,500. Paid for by my investment broker firm. Big THICK book!

My son bought the LegalZoom package for his needs and it was almost the same exact thing for around $100. I compaired page by page and both were very similar.

LegalZoom provides the package but no support in the future if you need it. The law firm that did our will/trust wil always be there for any advice needed in the future.

Do what you can afford for the size of your estate involved. But do SOMETHING!!!!!!

Banger

About what I paid as well. It takes a binder to hold it.

Made a small change and the crooks wanted $500!! Talked to the attorney and he wound up not charging me.

[bangerjim]

Nice thing about a LIVING trust is you (as the trustee) can make changes to it any time by generating a document, having it notorized at your bank (mine is free) and attaching it to the trust. Totally legal.

A will is a bit different.

Banger

[alamogunr]

The nice thing about being of modest means is that the things covered in this thread are cheaper for us.

[bangerjim]

The nice thing about being of modest means is that the things covered in this thread are cheaper for us.


Whatever that means............Bottom line: NO one should go thru life without even a simple will. Unless the only thing you own are the clothes on your back. Probate and lawyers will take everything you have when you die without a simple will. A living trust is much better as your monetary status in life increases.

[alamogunr]

I didn't mean that we don't have wills, living wills, powers of attorney(general & health care). While we are comfortable, our financial situation is not complicated. It could get complicated for our sons if they ignore guidelines for inherited IRA's but I have included information for these and referred to legal and tax help if they need it.

I do admit that I don't care to add to the financial well being of the legal profession any more than necessary.

[Don Purcell]

My wife and I had a living will made up 4 years ago and it cost around $1500.00. Sounds like a lot but all bases were covered as we also have a handicapped son to get things set up for. I guess some of the do it yourself programs may be O.K. but I wonder if it is like some things that people try to scrimp on that will effect a lifetime of work and the survivors end up spending many times more in lawyer fees to maybe or maybe not get things straightened out to their satisfaction let alone the possible hard feelings between family members that will linger a lifetime.

[rondog]

Simple. At my funeral everyone will get a Tazer. Last one standing gets all my stuff.

But seriously, this is a very foggy subject for us, we have nothing in place. We went to a trust seminar once, and they stressed that wills are pretty much useless because of all the legal holes in them, whereas trusts are much more watertight and bulletproof. But I still don't know squat about it all.

Not that it really matters, my stepdaughter would skip the funeral and come straight to the house to steal everything she could get out, and take it all straight to the nearest pawnshop.

[blackthorn]

We have used a lawyer to draw-up a will, but we are using a charted accountant to act as executer along with whichever one of us survives the other. The reason for this is so there will be no chance of argument among the children of our blended family. In the case of both of us dying, the CA becomes the sole executer. CA’s work is charged by the hour while any executer where we live is entitled to charge UP TO 5% of the estate value. Of course if we were to use the Public Trustee, a Lawyer or the Bank, they are more than likely going to charge the full amount allowed under the law. Several years ago we got everything possible in order for when we pass. Funeral (cremation) arranged and paid for etc. etc. WE THOUGHT!

The above is all predicated on the assumption that we are here one moment and gone the next, but what happens when our last days are lived in a mental, and perhaps physical fog? Recent events in the lives of my EX and her current husband however, have raised a very real and very ugly possible hitch which could happen to anyone. 20 some years ago my ex remarried a man (her cousin) (that is another story) 4 or 5 years her senior. At this point he is around 85 and she is almost 81 and BOTH of them have developed health problems along with some form of dementia to the point that the social-service authorities have determined they can no longer live independently and have insisted they move into an assisted living situation. My oldest son has been drafted into the job of managing their financial affairs and has been tasked with the responsibility of making sure critical life decisions are handled in their best interests, as well as being the executer when the inevitable end comes. Unfortunately, the seriousness of their condition only became apparent after they had reached the current level of disability and so no provision was made in advance. My son is now trying to get through all of the red tape required to get the necessary documents that will allow him to discharge his duties as their caretaker. SO---now Gail and I are undertaking to find out what we must do to ensure no similar ***** can happen with us. Over the next while we will decide what happens when/if neither of us is able to drive and we are forced to relocate from our current home into a place we can manage. We will also have to talk to our Lawyer to determine what documents must be put in place before we wait too long and they become a “must have” that is not there. Getting old sucks!!

[Char-Gar]

Your do-it-yourself, online will is just as good as they ones that attorneys draft, until you die. Every state is different, and every estate is unique. At attorney will see the issues and pit falls you do not. Most attorneys are quite happy with these DIYS, for they make far more money trying to fix the issues surrounded your estate and you have gone to heaven or wherever.

I have a self drafted will, but then again, I was a Texas Attorney for over 50 years.

[jmort]

Agree with the posts recommending Living Trust if you have real property
Only sane option unless you want to stick it to your heirs

[Char-Gar]

Trusts only pay off in two cases;

1. If you are leaving your estate to a minor or some other person who can't be trusted with money or other property.

2. If you estate (real and personal) exceeds $5,600,000.00 per person as that that amount is excluded from Federal Estate Taxes for 2018. You can also gift that amount while you are living without paying gift taxes, but that amount you gift will be deducted from the Estate Tax exclusion.

3. Of course if you live in New York or some other quirky state with high Inheritance Taxes that might change the equation. In Texas although we have some inheritances taxes, that does not present a problem.

[bangerjim]

Improtant notice: EVERY STATE IS DIFFERENT!

What applies to TX......applies to TX. Our state laws are different here. One must check out the laws. Fed laws are everywhere. And if you have a trust that is 4+ years old, laws HAVE changed! It needs to be reviewed and updated. That is the nice part of having a personal trusted lawyer/fianical advisor system in place, rather than just an old envelope some on-line company mailed you!

Again...depends on your net wealth and what you want to leave to your heirs with as little problems as possible.

Our situation demands the best legal tools to be in place we can get. The path my sons will have will have very few “pot-holes” in it. And I sleep well at night.

Do what you think you need to do.

[Reverend Al]

Everyone should have a simple will made out regardless of their age. My wife and got our wills updated when we got married 19 years ago, and just recently we brought them up to date again since we now have 4 grandchildren and I have developed a heart condition. My brother had a fatal heart attack at 65 and when we were cleaning out his house in his office drawer we found a still sealed and shrink wrapped stationary store will kit that he had never opened and filled out. In our case it was reasonably simple since I was his only surviving direct blood relative, but even then it took several months and about $7,500 in lawyers fees to get it all sorted out. It would have been much simpler (and much cheaper) to deal with if he'd only just filled out that will kit, but I have to assume that at only 65 he felt there was no great rush to draft a will. It is an easy thing to put off since none of us like to think about such dismal things, but it is a simple document that will ensure that your surviving family members will have one less thing to worry about when your time comes. They will have more than enough to deal with just sorting through and clearing up your accumulated possessions ...

[jmort]

I can only speak for California
Living Trust means no probate
That is a huge problem solver
Real Estate passes to the beneficiaries without probate

[Char-Gar]

I can only speak for California
Living Trust means no probate
That is a huge problem solver
Real Estate passes to the beneficiaries without probate

That would be true in Texas as well, but Texas Probate is a simple and not too costly process.

1. File an application to probate the will along with the will and a death certificate.
2. The court issues Letters Testamentary to the Executor.
3. The Executor files and inventory and appraisal of the property.
4. The Executor then pays any outstanding bills and distributes the property as per the will.
5. The Executor files a final inventory showing the property has been distributed and closes the estate.

My problems with unnecessary trusts, are they tie up property in ways that may not comport with the wishes of the heirs at some point down the road. What may seem like an expedient to avoid probate turns into an albatross down the line.

[jmort]

I agree that creation of a living trust requires serious thought as to the consequences of any provision for the disposition of real and personal property.
The worst behavior I have seen is in the areas of family law and the disposition of property after a death.

[Char-Gar]

I agree that creation of a living trust requires serious thought as to the consequences of any provision for the disposition of real and personal property.
The worst behavior I have seen is in the areas of family law and the disposition of property after a death.

That is more than true. I favor throwing each party their share and let them go hence. When they are forced by a trust to continue a relationship over property/money it is like tying cats together by the tail.

[bangerjim]

A good true living trust will have sections in it where you and your wife fill out medical stuff. I have at least 12 pages of different scenarios either of us could be in that we have pre-authorized thru the trust as to what actions and proceedures our sons should take. That relieves them of not knowing our wishes when/if we are in a state not able to make decisions.

It is really hard to go thru and fill out all thoses scenerios but I feel better knowing I have taken a big load off my kids when the time comes. Making those tough decisions now while we are of sound mind is the only to go. And it is just not a simple DNR statement!!!!!!

Banger

[Char-Gar]

A good true living trust will have sections in it where you and your wife fill out medical stuff. I have at least 12 pages of different scenarios either of us could be in that we have pre-authorized thru the trust as to what actions and proceedures our sons should take. That relieves them of not knowing our wishes when/if we are in a state not able to make decisions.

It is really hard to go thru and fill out all thoses scenerios but I feel better knowing I have taken a big load off my kids when the time comes. Making those tough decisions now while we are of sound mind is the only to go. And it is just not a simple DNR statement!!!!!!

Banger

Every person regardless of age, should have a Health Care Power of Attorney and an Advance Directive to Physicians and a DNR (Do Not Resuscitate) if that is your wish. To be certain they are valid and enforceable, the Texas Legislature has drafted these for us. We can download them, fill them in and sign them in front of a Notary. Every one of your Doctors should have a copy in your file. There should also be one close to your front door for somebody to hand to the Paramedics if they are called. They will resuscitate you unless they have one of these.

I don't know for certain, but I expect most if not all states have similar documents.

I can't begin to tell you the conflict I have seen between families members, where the "loved one" cannot communicate their wishes.