software for diy will

[ER_Hopeful]

would like to get info on how to diy a will for my mom. what is a good website or software? i think it needs notarized and two witnesses?

 

[MarieIG]

Is you DM a California resident?

The reason I am asking is because requirements for a valid will may vary from state to state - and you may wish for information/ recommendations from other residents of her home state.

Presumably, the drafters of the software should know of the specific requirements for each state, however, I have not (yet) reviewed any of the software.

 

[pb4uski]

We used Willmaker. I think it is pretty good.

 

[ER_Hopeful]

We used Willmaker. I think it is pretty good.

DM is a resident of TX. I just gave Willmaker a quick try, it only allows you to specify % for each of the beneficiaries, but DM wants to specify each asset, for example, asset A goes me and asset B goes to other, etc.

 

[W2R]

Most Louisianians will tell you that due to the heavy influence of Napoleonic law in Louisiana, it is a terrible idea to rely on will-making software here as opposed to other states since the wills just will not hold up. I have no idea. I suspect that a lot of this depends on the state. But, be this as it may, I have never heard anyone at all, ever, express anything positive about using software for a Louisiana will.

So, last fall I finally decided to have my first will made. Better late than never (I'm 74 years old). I did some research on local lawyers and found one with great qualifications, including a top notch Louisiana law degree and decades of experience all right here in Louisiana, and an office right around the corner from me. I checked him out with everybody I know, and they all said he would be a good choice. So I went there. A simple will cost me $350, much less than I expected.

 

[braumeister]

Most Louisianians will tell you that due to the heavy influence of Napoleonic law in Louisiana, it is a terrible idea to rely on will-making software here as opposed to other states. I have no idea. I suspect that a lot of this depends on the state. But, be this as it may, I have never heard anyone at all, ever, express anything positive about using software for a Louisiana will.

Understandable. It took 40 years for Napoleon's will to be completely processed after his death.
NAPOLEON’S LAST WILL AND TESTAMENT
Last Will & Testament of Napoleon Bonaparte, May 5, 1821

 

[W2R]

Understandable. It took 40 years for Napoleon's will to be completely processed after his death.
NAPOLEON’S LAST WILL AND TESTAMENT
Last Will & Testament of Napoleon Bonaparte, May 5, 1821

Wow!!! I had no idea. Honestly I don't know a single thing about the law, myself, and don't want to. I just know that people who do know about the law, and who care about me have said that legal documents that would hold up in a common law state often don't hold up here in Louisiana due to the quirks of Napoleonic law. Whatever that means.

Frank is descended from a old New Orleans family of top local lawyers, so I trust him/them about this.

 

[braumeister]

legal documents that would hold up in a common law state often don't hold up here in Louisiana due to the quirks of Napoleonic law. Whatever that means.

A little background:
Does Louisiana use the Napoleonic Code?

 

[W2R]

A little background:
Does Louisiana use the Napoleonic Code?

Yeah, that sounds like what people here tell me about it! Amazing. And to make it even more interesting, apparently Napoleon even planned to live here in New Orleans (at a big residence that is still here, now called "Napoleon House") back in those days.

Local residents insist that he DID live here for a few years in a different house (with towers for observing incoming ships) over on Esplanade, but kept his location secret for security reasons. But that's not verified or believed by historians even if everybody else thinks it's true.

 

[Sunset]

DM is a resident of TX. I just gave Willmaker a quick try, it only allows you to specify % for each of the beneficiaries, but DM wants to specify each asset, for example, asset A goes me and asset B goes to other, etc.

Are these assets actual objects, or do you mean bank account A, Brokerage Z.

You might want to go to the library and borrow the nolo will making book, to read up on wills to be educated about them, so you can make good choices in using the software.

Does she already have TOD/POD on her accounts ?

 

[ERD50]

Most Louisianians will tell you that due to the heavy influence of Napoleonic law in Louisiana, it is a terrible idea to rely on will-making software here as opposed to other states since the wills just will not hold up. I have no idea. ...

The NOLO site does have a LA specific will. Whether it really does cover LA code properly, I can't say. But NOLO seems to be on top of things.

https://store.nolo.com/products/basic-louisiana-will-noe3-pr193.html

-ERD50

 

[W2R]

The NOLO site does have a LA specific will. Whether it really does cover LA code properly, I can't say.
[...]
-ERD50

Yes, of course NOLO is the first site everyone thinks of when it comes to will software packages. NOLO is also a site that is specifically mentioned in discussions about how one should never use a software package to make a Louisiana will. Apparently there are some real horror stories floating around but I'll leave it at that. Use it if you don't care whether your Louisiana will holds up or not.

 

[ERD50]

Yes, of course NOLO is the first site everyone thinks of when it comes to will software packages. NOLO is also a site that is specifically mentioned in discussions about how one should never use a software package to make a Louisiana will. Apparently there are some real horror stories floating around but I'll leave it at that. Use it if you don't care whether your Louisiana will holds up or not.

OK, I wasn't aware that NOLO had been called out specifically as a bad one, I thought maybe they were different. That's surprising (and disappointing) to me, they strike me as being on top of things, but you are obviously closer to this than I am. Thanks for the clarification.

-ERD50

 

[W2R]

OK, I wasn't aware that NOLO had been called out specifically as a bad one, I thought maybe they were different. That's surprising (and disappointing) to me, they strike me as being on top of things, but you are obviously closer to this than I am. Thanks for the clarification.

-ERD50

Just stick to an Illinois will, since that is apparently where you live anyway, and you won't have to deal with the complications inherent in making a Louisiana will.

 

[OldShooter]

How big is the estate? Would $1 or $2K$ paid to an expert have a significant financial impact? Wills and appendectomies are really not DIY tasks.

 

[ERD50]

Just stick to an Illinois will, since that is apparently where you live anyway, and you won't have to deal with the complications inherent in making a Louisiana will.

I'm sorry, I think you are misinterpreting what I said, and/or I just did a lousy job of communicating.

I'm not doubting you in the least that Louisiana rules are different (just like they have 'Parishes' instead of 'Counties'), that's been covered here with the "Napoleonic code" references.

I was just expressing surprise that the NOLO people didn't address this properly, I thought they were better than that.

I apologize if I hit a nerve or something, I never intended for this to upset/offend in any way. I'm kinda confused at the heated response.

Sincerely -ERD50

 

[W2R]

I'm sorry, I think you are misinterpreting what I said, and/or I just did a lousy job of communicating.

I'm not doubting you in the least that Louisiana rules are different (just like they have 'Parishes' instead of 'Counties'), that's been covered here with the "Napoleonic code" references.

I was just expressing surprise that the NOLO people didn't address this properly, I thought they were better than that.

I apologize if I hit a nerve or something, I never intended for this to upset/offend in any way. I'm kinda confused at the heated response.

Sincerely -ERD50

It's not that "the NOLO people didn't address this properly" as you incorrectly conclude. I'm sure they did the best possible and I never said any differently. You see, the problems are multidimensional and orders of magnitude more complex than one might assume. Everything in life isn't simple and easy as pie, as you well know!

You are picking the worst person on earth to push on this issue, too - - as I mentioned (several times, I think?) I know absolutely nothing about the law and it does not interest me at all. It frustrates me that I do not know but I don't. Perhaps you should question a top notch New Orleans succession attorney about this complex legal problem in Louisiana law that has never really been worked out to the satisfaction of the many wealthy and powerful financial interests involved, AFAIK.

Edited to add: OK, given that I am an absolute idiot about this stuff (I am!), I found this link which has some information that seems relevant. Maybe some of you can make sense of it.

 

[Sojourner]

My take on using will-making software is that it's a safe and reasonable choice for people who have very simple estates and uncomplicated bequests that are highly unlikely to be challenged in court. I used Quicken Willmaker software to help my DF create his will many years ago, and I feel quite confident in its validity. We are in GA, by the way, which does not have any special or unusual legal codes regarding estates and wills.