Writing a will

[Preacherman]

I thought there was a thread on this topic but I couldn't find it.

Does a person really need an attorney to write one?
If a person writes their own will it work?

Yes, I know I can research this but I also know how you guys like to share your opinion.

 

[ignerntbend]

Depends on how big the estate is and how many people will be fighting over it.
Seeing a lawyer can be a pretty good idea.

 

[TwoForFlinching]

 

[druryj]

Depends on how big the estate is and how many people will be fighting over it.
Seeing a lawyer can be a pretty good idea.

And then again, maybe NOT! I started seeing this little lady lawyer many years ago, and then seeing her more often until I saw myself saying "I Do". Well. I wish now I'd never seen her in the first place.

 

[MacFromOK]

If you have enough assets to lose sleep over (or if you suspect someone will contest it), I'd strongly suggest using a lawyer.

Otherwise... there are online forms available that are specific to each state. Make sure you use the proper (and current) form, and get it notarized along with a couple of witness signatures.

Just my 2¢ ... I am/is/are not a lawyer.

 

[4play]

You don't need an attorney but it would help. They don't need to be notorized but that would help too. I think they can be filed in court but that's not needed either. Anyway the problem with a will is when it's "interpreted" the court/judge can be left to question the validity of the will or it's contents, they can be contested by whoever thinks they might have a right to the estate. The more documentation of the will you have the stronger it might be when it's time to see how valid it is. A legal and thorough writing of will, legal filing, Witnesses/ signatures, and a notorized copy can all help when it's time to use it. You might look into a trust too and weigh the pros/cons. Trusts seem to be a better way to settle or dissolve an estate, they have a lot of power and you stay out of court/probate and are usually written to safeguard against contesting by heirs, and this all happens immediately and not through probate, no interpretations, validity, courts etc with a trust.

Basically a trust signs over your estate to a trustee, but you can still dictate what, who or how you want your estate to dissolve or split to beneficiaries. A Trust simply allows more control over your assets, estate etc.

 

[dennishoddy]

If you have a divorce in your past with children or are a widower that has remarried with a person with children, get a lawyer. What people promise when your alive will likely never happen after your death.
Get it agreed to and get it on paper. I’ve seen nightmares and families ripped apart by those that didn’t spell out their wishes in a legal will.
Will forms are pretty standardized, you just need to have the section where your wishes are spelled out correctly and legally.
You don’t need F. Lee Bailey to do that. Family lawyers will usually quote a price over the phone so you can shop around.

 

[dennishoddy]

Basically a trust signs over your estate to a trustee, but you can still dictate what, who or how you want your estate to dissolve or split to beneficiaries. A Trust simply allows more control over your assets, estate etc.

The person or entity (bank, lawyer, family member) holding the trust is entitled to a fee for managing the trust. One needs to make sure those fees are reasonable and proper.

 

[SoonerP226]

It depends on what ya got. If it's a big estate (millions of dollars or more in assets), you need to talk to an attorney who specializes in wills and trusts. If it has something of value to you (like a family farm), you need to talk to an attorney who specializes in wills and trusts. If you have a descendant who should only conditionally get something from your estate (say, a child with a drug problem, but you only want him to get the money if he gets clean), you need to talk to an attorney who specializes in wills and trusts. If you have a special needs child, you need to talk to an attorney who specializes in wills and trusts.

Basically, if there are any special circumstances around your estate, you need an attorney to make sure it gets handled properly. For most people, a form from LegalZoom (or other similar legal forms service) will get 'er done, but it's really not all that expensive to have an attorney draw up a will, and then you'll know the "i"s are dotted and the "t"s are crossed.

If you're really a tightwad, you can always do a holographic will, which is a hand-written will, written in your handwriting and signed by you. That type of will is very simple, so you can't do anything fancy, but if, f'rinstance, you just want to leave everything you own to a child, that's one way to do it.

FWIW, I am not a lawyer, but I do know an attorney who specialized in wills and trusts, and we talked a bit about the subject. The last I heard, he was thinking about hanging it up, though.

 

[AKguy1985]

My grandpa set up a trust with an attorney.