I'm thinking of having my will done by an estate lawyer. Since I am single and have no dependents, it will be fairly simple. With the will, I will have the usual POAs and named Executor as well as a medical directive. Lawyer quoted a price of $1,100. Some friends said they did theirs on-line and had it notarized for $25. Do you trust or feel confident in doing a will on-line? If so, what online site did you use? I already have my taxable and IRA brokerage accounts set up as POD (payment on death), so those assets will go straight to my listed beneficiaries without probate. But not my real estate, which is my personal residence and 2 rental houses.
Who has experience doing their will on-line?
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Sunset
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Long ago, I've had 2 Wills done by lawyers (one was for me), they both used software to do them, basically templates where they filled in your name, etc.
You actually want templates used in legal documents so you know the many paragraphs don't miss a key work/phrase.
The important thing with a lawyer is the asking of questions to determine what you need.
I've also done my own Will using software (don't remember which one).
Whichever you use, be sure to check the State rules regarding the signing of the Will,
Here were some rules for IL, as an example: Witnesses cannot be beneficiaries, Need 2 witnesses, Does not need to be notarized.
You actually want templates used in legal documents so you know the many paragraphs don't miss a key work/phrase.
The important thing with a lawyer is the asking of questions to determine what you need.
I've also done my own Will using software (don't remember which one).
Whichever you use, be sure to check the State rules regarding the signing of the Will,
Here were some rules for IL, as an example: Witnesses cannot be beneficiaries, Need 2 witnesses, Does not need to be notarized.
Luck_Club
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Simple estate for single person with no kids, I would have no fear in using do it yourself will. If you have complex instructions I would recommend an attorney.
Look at using beneficiaries on accounts, and joint naming to avoid probate. Probate can cost a lot of money depending on the state and size of the estate. Some states allow the attorney to take 3% for a fee, which can make a living trust worth the bucks.
Look at using beneficiaries on accounts, and joint naming to avoid probate. Probate can cost a lot of money depending on the state and size of the estate. Some states allow the attorney to take 3% for a fee, which can make a living trust worth the bucks.
VanWinkle
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I used Quicken Willmaker software for my power of attorney and living will. It is reported to be the best software for do it yourself will making. I had already been to a local attorney for our wills, but the cost of the attorneys doing the other letters was prohibitive.
I am not a lawyer, so FWIW: Years ago I had the proverbial long lost uncle, who died out in California. My brothers and I were the only surviving family. He had a small estate of some $30,000. I didn't spend my share of any of that money until it was in my hands, and good thing: Police found a key in his apartment, identified as a safe deposit key. In the safe deposit was a signed, hand-written, note (not notarized or witnessed) stating his wish to give his entire estate to Hadassah).
No will, but that note was legally valid. No, we did not challenge it. To OP, I think a notarized will from one of those online sources would be sufficient.
No will, but that note was legally valid. No, we did not challenge it. To OP, I think a notarized will from one of those online sources would be sufficient.
zinger1457
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There are benefits to using a software package like WillMaker even if you decide to use an estate attorney to draw your will up. It will educate you on the many different options that you should consider.
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This thread got me thinking. I have been needing to update our will since we moved to Florida and our original will was written in PA. We are married with no children. I am going to try out the Quicken Willmaker since it is cheap (especially since Nolo is running a 40% discount offer right now, too). If I feel in over my head I'll consult a lawyer.
At a minimum going through the process will make me more educated in asking questions if we do need to go to a lawyer.
At a minimum going through the process will make me more educated in asking questions if we do need to go to a lawyer.
Bamaman
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Nolo's Quicken Willmaker is a very popular program for completing a will. And it comes with a tutorial book that explains virtually everything you need to know about probate for someone that keeps their business simple. The fomats are state specific too.
I always keep my business simple and well documented for a reason. I don't like dealing with probating of wills.
I always keep my business simple and well documented for a reason. I don't like dealing with probating of wills.
Thanks everyone for the info! Will check out Quicken Willmaker. My estate is quite sizeable, so don't want it getting screwed up. If I start getting nervous about doing stuff correctly with the tax software, I might just go to a lawyer and have it done. However, mystang52's interesting story about his Uncle might give me a little more confidence - LOL!
gayl
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I live in California and it was quite an eye opener when mom died. Her attorney made a few errors that really stressed us out. Plus the executor (brother) did not want to be the executor. Learned how to keep it all simple so, yes, I did it myself.
- POD / TOD on Schwab & USAA accounts
- House titled in a trust with the language Wells Fargo wanted to accept the proceeds from selling her house & witnessed by 4 siblings who are not the beneficiaries. This was the error
- Everything else under small estate affidavit limit
- Clear / short / concise wishes to my kids & grandkids. No idea if they'll follow it but I'll be dead anyway. Can't control from the grave
- POD / TOD on Schwab & USAA accounts
- House titled in a trust with the language Wells Fargo wanted to accept the proceeds from selling her house & witnessed by 4 siblings who are not the beneficiaries. This was the error
- Everything else under small estate affidavit limit
- Clear / short / concise wishes to my kids & grandkids. No idea if they'll follow it but I'll be dead anyway. Can't control from the grave
Car-Guy
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Before going through the probating of two wills, I believed it was somewhat of a racket for lawyers. About 30 years ago my parents had their wills drawn up by some lawyer for ~$500 dollars each. Then ~30 years later, I got some other lawyer to take the wills through the probate process for about $7500... (Got a group discount doing two at a time)
My day of reckoning (~enlightenment) was going to probate court and it changed my perspective. After 3+ months of my probate lawyer going through the "probate process", I finally had my day in court (well 2 minutes anyway). We went into the court room with about 50 other cases going through the probate process too. The judge call each case one at a time. I could hear each person, or their lawyer, explaining their situation. I could also hear what the judge said to them. There were about 20 cases called before mine. In almost every case, those who had uncontested wills and that were represented by a lawyer, were approved/finalized. Those without wills, those with contested wills or those without a lawyer to represent them were sent away with a "to do list" and a new court date. (more than half the cases)
While it may still be somewhat of a racket, I can see a lot better why people need a well written will and why there is a lengthy probate process. Yes, there seems to be a lot of unnecessary "stuff" but I can see why "most" of the steps in the process are in place.
Now, from my POV, even for simple wills, I'd rather pay a lawyer to be sure (or as sure as I can be) that its done right from the start. I don't want to worry for 30 years that my heirs will have problems probating my will because it was a DIY version while trying to save a few bucks. YMMV.
My day of reckoning (~enlightenment) was going to probate court and it changed my perspective. After 3+ months of my probate lawyer going through the "probate process", I finally had my day in court (well 2 minutes anyway). We went into the court room with about 50 other cases going through the probate process too. The judge call each case one at a time. I could hear each person, or their lawyer, explaining their situation. I could also hear what the judge said to them. There were about 20 cases called before mine. In almost every case, those who had uncontested wills and that were represented by a lawyer, were approved/finalized. Those without wills, those with contested wills or those without a lawyer to represent them were sent away with a "to do list" and a new court date. (more than half the cases)
While it may still be somewhat of a racket, I can see a lot better why people need a well written will and why there is a lengthy probate process. Yes, there seems to be a lot of unnecessary "stuff" but I can see why "most" of the steps in the process are in place.
Now, from my POV, even for simple wills, I'd rather pay a lawyer to be sure (or as sure as I can be) that its done right from the start. I don't want to worry for 30 years that my heirs will have problems probating my will because it was a DIY version while trying to save a few bucks. YMMV.
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CRLLS
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DW and I just updated our wills and other final docs this year after35 years. We used Nolo Willmaker for them all. I think we spent 300 dollars some 35 years ago to make a basic will. So much easier to do it on a computer in the comfort of our home. I have no doubt as to it's validity in my state. Whether our heirs will want an attorney with them at the time of validating the will is up to them.
Souschef
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The whole idea is to avoid probate at all costs. It is a lengthy, expensive and time consuming process.
By using TOD/POD, the assets are directly transferred without probate.
That being said, we went to a lawyer, and for about $400 got an estate package that had POA's for healthcare and assets and pour over wills.
By using TOD/POD, the assets are directly transferred without probate.
That being said, we went to a lawyer, and for about $400 got an estate package that had POA's for healthcare and assets and pour over wills.
ER Eddie
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Did mine through legalzoom.com. I think it was $99. I'm confident it'll hold up. I plan to do a revision in five years or so. I will probably do it online again. I don't see the need to pay a lawyer. It's fairly straightforward.
The only complicated part was finding a notary and witnesses in my relatively small town. Then you have to file the paperwork with the appropriate agencies. So there is some footwork involved.
The only complicated part was finding a notary and witnesses in my relatively small town. Then you have to file the paperwork with the appropriate agencies. So there is some footwork involved.
Sunset
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You can check, but Wills from 1 State (if valid) are considered valid in 2nd State even if they don't follow the signing rules for the 2nd State.
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Good to know! I will do a bit more research on this - thanks!
MrsHaloFIRE
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I had to take several courses in wills and estates. We were taught NC law. Anyhoo, a computer software one seems ok to me for straightforward situations but rule of thumb, I would still get it witnessed by 2 witnesses not on the take from it and notarized. They call us "self proving" in glorious NC. But if you have weird assets or special beneficiaries (spendthrift, special needs, underage, etc) I would use an attorney that SPECIALIZES in estate law. Lots of money to be made writing up trusts whether correct or not.
gayl
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I want to add: it's important to know if you mean WILL or TRUST. A TOD / POD trust is done at the bank or investment house (USAA & SCHWAB for me) and avoids probate. A primary residence can have a TOD on it in as well (in California not sure about your state). A will is what happens to the other 'stuff.' California's small estate affidavits handle everything up to 150k. Mine's a half page.
They'll need a CPA at the end as they've both got loans incurring interest against their portion of the house (DS' 2018 divorce, DD's 2008)
ERD50
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
But that's the problem. How can I really know I've found a lawyer that will do it right?
My FIL/MIL had wills/trusts done by some fancy/schmancy high-$ law firm that specializes in Estate planning (probably recommended by the CPA they used for their business). They made mistakes on the originals done 25 years ago, they made mistakes that I caught on the new ones for MIL after FIL passed.
And when my BIL questioned something on the paperwork that was done 25 years ago (and that same lawyer had handled that), he even said he didn't know what such and such phrase meant or why it was in there. They had software that just spits stuff out, a lot of it is just fluff to make it look impressive.
And for the new paperwork, new software that just spits out a lot of fluff to make it look impressive.
Well, you still have to worry if you used a law firm, unless you have gone over every single phrase yourself, and have educated yourself on all this, and are satisfied they did it right.
And using something like NOLO really isn't "DIY". You don't create the forms, you use the state-specific forms that NOLO created, and have probably been more widely used and scrutinized than something developed by the Tom, Dick and Harrietta law firm. If you aren't sure how to fill them out, then get some help. From what I've seen, NOLO is very good at identifying the areas where their forms might not be sufficient, and will tell you you need help for your situation. And/or as some have suggested, use them as a guide so you better understand the process, even if you do decide to use a lawyer. You'll be armed with knowledge.
It's not about saving a few bucks, I feel more confident with NOLO forms than some random law firm.
-ERD50
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Stormy Kromer
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DF had his will done by a prominent law firm in our part of the state. Years later he had a codicil to even things up after DB defaulted him on a large loan. The same firm did the work and mailed it to him with a note to go somewhere and get it witnessed and notarized. Well, DF was about 80 and didn't take paperwork very seriously, he took it to a local business and had it notarized. When he passed, the same firm handled the estate and told us the codicil was worthless since it wasn't witnessed properly. The point is, just because you're paying big bucks to an attorney you may still have some responsibility to follow through.
DW and I just updated our wills, trusts, POA's etc... and the law firm didn't let us out of the building until they witnessed and notarized everything. They gave us a punch list of things to do to transfer assets into the trusts and told us this was our responsibility. That's fine, I don't need to pay someone $350 an hour to do what I can do myself.
It's good to live with lots of money but it can be hard to die with lots of money.
DW and I just updated our wills, trusts, POA's etc... and the law firm didn't let us out of the building until they witnessed and notarized everything. They gave us a punch list of things to do to transfer assets into the trusts and told us this was our responsibility. That's fine, I don't need to pay someone $350 an hour to do what I can do myself.
It's good to live with lots of money but it can be hard to die with lots of money.
