Question about making a WILL...Attorney Vs. Do it yourself web site...

[masmdu]

(Any opinions or experiecne with online vs attorney created wills?)

So, this site says I need an attorney to make a will,

" Only an attorney can legally draft a will for a person, unless a person drafts his own will. Personally drafted wills are often incomplete, and therefore invalid under state law. An invalid will is worthless.

Kits for writing a will are normally not state-specific. If your will fails to follow state law, it will be invalid. "

http://www.lawyers.com/lawyers/A~1002046~LDC/FAQ+WILLS+PROBATE+INTESTACY.html

++++++++++++

Whereas, this site says I can do it myself for $20.00 and will be valid in my state (NC)

"What you get:

A Custom Will- The result of hundreds of possible combinations. This creates a Will perfectly matched to your own personal situation.

A Will that, upon being properly signed and witnessed, is valid and legally binding in any American state except Louisiana"

http://www.buildawill.com/buildawill2.php

[Infomaniac]

1. If you own a house or have substantial assets (100 thousand plus)

That's what my friend the Trusts and Estates lawyer tells me anyway. A lawyer will typically charge between $300 and $1000 for the will documents, living will and healthcare proxies.

[BurgherHoldtheLies]

2. Well, would NOT advise a web will unless you have minimal assets

and no children.

A tax attorney I know says it is a poor choice to do-it-yourself unless you really have very little money/assets.

As my mother used to say, you get what you pay for.

[wrathofkahn]

5. Agreed

Also, I have been informed by my brother (an estate attorney) that even though sites claim that a "computer-generated" will is legal in Tennessee, it's actually not recognized by most courts here.

You are actually safer making a "holographic" will, which is one that is hand-written by you, in the presence of witnesses. Note that the law surrounding holographic wills is actually a little strict: you have to use specific kinds of paper and specific kinds of ink.


Frankly, if you don't have tremendous assets to protect, or a complicated situation with children, a decent estate attorney will usually work up a standard will for a very small amount of money, often under $100. Work the phone and see what you can find.

[Somawas]

3. I'm an attorney in NC and often see these things.

I don't do a lot of wills. I suggest to folks that they do a net worth statement. If their net worth is quite modest-a house, couple small insurance policies, an IRA or two, and no kids by a previous marriage, the websites or software packages are probably ok.

[masmdu]

4. Any views on Quicken's WillMaker 2006?

http://www.nolo.com/product.cfm/ObjectID/6E9ED903-C9B4-42E0-9C2E235DD87A0A8A/catid/FD1795A9-8049-422C-9087838F86A2BC2B/309/

[karlrschneider]

6. A lot depends on circumstance. If you have hugh!!!!1111!! assets

you probably should have an attorney do it. And if your desired beneficiary(ies) -might- be someone(s) other than your immediate family, that leaves open the possibility of challenges. I and my SO aren't particularly wealthy and our families are aware and comfortable with our arrangement (mutual bequests to each other) so we aren't worried about potential problems. We wrote the wills out in a very simple way, had them notarized which we're pretty certain will hold up with no difficulty. Keep in mind, there's really nothing 'ironclad' when it comes to wills if someone wants to be a dick after you're dead, but we figure fuck it...if I'm dead, I aint' gonna worry about it all that much. Knowwhatimean?

:eyes:

[Geoff R. Casavant]

12. I'm responding 'cause Karl asked me to

So yeah, he's absolutely correct that those with a lot of assets should definitely seek professional assistance, and naming persons other than family members can lead to will contests. As for notarized wills holding up, this will of course depend on the probate laws of the particular state involved, but my expectation is that a notary alone is neither necessary nor sufficient to make a will legally valid -- I expect you will also need two witnesses to the will in order to make it valid. The notary is, however, crucial to make a self-proving affidavit for the will, which can save a lot of expense in probating the will after death.

Now Karl, since you refer to your SO as your "SO," I'm going to venture that there is no legal relationship between the two of you. I invite you to peruse my website -- somewhere there is an article I wrote about estate planning for gay and lesbian couples, and it applies equally well to hetero couples who have chosen not to get married.

[wellstone dem]

7. My wills teacher in school said to always tell people

to use the kits. Because there were often screw-ups and then the attys could make more money straightening it out than they would have if they only drafted the will.

(He was being sarcastic.)

[Geoff R. Casavant]

8. I do estate planning and probate law for a living

Let me put it this way, I make much, much more money probating the homemade will of a deceased person, than I lost by not drafting it for them.

[karlrschneider]

9. I defer to your expertise, would you care to comment on my post above?

I don't want anyone to take my admittedly non-expert advice if it's wrong. :-)

[Geoff R. Casavant]

11. Yep. See above

n/t

[Laelth]

10. Intestate succession ...

(i.e. what happens to your property if a will is declared invalid) is a mess, and the states vary on how their intestate succession laws work. Best to hire an attorney and consider it a gift to whomever ends up having to administer your estate. It's not worth the risk that the program you might buy is wrong about the laws and the necessary formalities for the passing of property in your state.

-Laelth