Last will and testament

MC Rider

Thinks s/he gets paid by the post
Joined
Aug 18, 2021
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Isabella Lake
Since we are not getting any younger we are thinking to make a will. I came across this company through our credit union. It sounds fine, but if anyone has experience with them I would be interested to hear.

My real question is can the HIPPA authorization and power of attorney be someone who lives far away? They would also be the beneficiary. Or do I need to designate someone local?

Estate Planning - Create an Online Will and Trust | Trust & Will

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I'm no lawyer:

It doesn't matter where the authorized person lives, but they may have to show up to do POA stuff.
Many financial institutions won't accept a general one, so check with your financial institution (or assign Transfer on Death name(s) to the account(s) ).
 
MC, please consider hiring a local lawyer to prepare your will and related documents. Meeting with them and establishing all your wishes and requirements is important and relatively easy. Going this do-it-yourself method may not meet your needs and may not be worth it.
 
I procrastinated going the DIY route for so long that I just finally made an appointment with a local attorney. Probably overpaid for the simple stuff we needed, but getting it all done at once, and done correctly, was worth it.
 
Please do it locally. Face to face will help you get it done correctly. It’s worth the money.

Yes, your executor can live anywhere. However, when the time comes, they may find it necessary to come to your location for some local activities, depending on your situation. You should prepare your documents and accounts to make that easy for them. I keep a 3-ring binder of the necessary details and my executor knows where to find it.
 
Do it local, make sure you have full contact info (name, address, phone and email) of all witnesses. Some local government offices make you jump through hoops if the witnesses are no longer available.
 
I think there's one or two locals who could do a will for us. We don't have a big web of investments or anything so it should be pretty simple. I'll have to make some calls. The beneficiary / executor will just have to travel. We got nobody local for that. Hopefully not for a bunch of years.
 
MC -
I am a retired employment law attorney, so I thought I’d throw in my two cents.

If my geography is correct, you are about an hour from the Kern County seat in Bakersfield. From my perspective, it’s worth spending a couple of hours in the car to go meet with an attorney who specializes in Estate Planning.

The California State Bar Association has a certified specialist designation for attorneys practicing in the Estate Planning field who meet certain qualification and experience requirements - a quick search on the “Find a Lawyer” search function shows there are three located in Bakersfield. Another source I trust is “Super Lawyers,” (included lawyers are peer reviewed by other lawyers) which identifies four estate planning attorneys in Bakersfield.

Unfortunately, my mother in law and her late husband did not retain a lawyer specializing in estate planning (their lawyer practiced in several areas besides preparing basic wills and trusts) and almost three years later we (actually me, MIL is confused by all of it) are still having to deal with more than we should have to. That’s why I am sensitive to the issue. My in laws had no way of knowing their lawyer was not really competent - they just trusted him because he was a lawyer. But having a law license is no guarantee of quality.

Good luck.
 
I am a retired employment law attorney, so I thought I’d throw in my two cents.

Thanks for that, GoBears. I will have to research lawyers. I'd prefer to not drive down to Bakersfield, but it is certainly do able. We go maybe once a month to the big box stores that we do not have here.
 
Thanks for that, GoBears. I will have to research lawyers. I'd prefer to not drive down to Bakersfield, but it is certainly do able. We go maybe once a month to the big box stores that we do not have here.
DW retired from a megabank as an SVP and Business Unit Manager in Trusts and Investments. More than once she came home frustrated because her folks had to deal with bad documents. There was one lawyer who held himself out as a T&E expert where everyone in her department knew there would be problems. &GoBears is right; find a certified or peer-reviewed expert.
 
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