Is there an online form you can fill out print and get notarized? I know there are ways to do it without an attorney, just not sure where to start.

Thanks!!!

By Ginny~moderator on Monday, September 18, 2006 - 05:41 pm:

There are online will forms, often for each state. However, I'm not going to point you to them because you do need an attorney to make sure your will complies with state inheritance laws, provides for your children the way you want to provide for them, sets up guardianships that will hold up in court if a family member decides to try to contest, and make sure that family members whom you don't want to have any share of your estate don't have a chance. It's really not that simple.

For example, different states require a different number of witnesses (in addition to the notarization) and the notary has to see the witnesses and you sign. If you want to make sure trusts are set up for your children if something happens before they are all adults, do you want the court to be the trustee, or a trusted family member or friend? Do you want your children to have access to lump sums of money when they are 18, or 21, or 25. Do you want the guardian to have access to a trust to pay for various things?

I have typed numerous wills, being a legal secretary, and used a format that I liked best in drafting my will. But I still have my lawyer son look it over before I "set it in stone".

By Tarable on Monday, September 18, 2006 - 05:50 pm:

My grandmother had a will that was never looked at by an attorney. When she died it was contested by one of my aunts and it is still in the court system and all her assets are being held until a decision is made. She died about 5 years ago. You can look online and get an idea but make sure to have an attorney look at it to make sure it will hold up in court as Ginny said. That way no one can not follow your wishes.

By Andi on Tuesday, September 19, 2006 - 11:23 am:

Thank you guys. I guess I figured it wouldn't be that easy. LOL Guess we have some research to do.

By Ginny~moderator on Tuesday, September 19, 2006 - 12:07 pm:

Andi, you can check for online forms - or, go to a statonary store and ask if they have will forms. They will have forms approved/accepted by your state. What you can do then is take the form as a model to figure out all the things you need to think about, some of which I listed above, and have all those ducks in a row before you consult an attorney. You ought also to have a complete list of your assets (house, car, financial, insurance policies, retirement benefits, IRA accounts, 401-K, etc.), debts (including mortgage), list of all immediately family members (parents, siblings, children - for both you and dh), and the full names, addresses and social security numbers of anyone you want to name as a beneficiary, a guardian (for minor children), a trustee (for minor children), and the Executor of your will. You should have substitutes for each of these roles also ready to be named. You should, of course, consult with each of these persons ahead of time to be sure they are willing to serve in the role you envision for them.

I strong suggest you NOT name the attorney to any of those roles, because s/he will charge an hourly rate for any service performed. I also suggest, very strongly, you not name a bank as trustee if you have a reasonable & reliable alternative. Banks charge relatively high fees, and often their investment decisions for trusts are not what you might have wished, but suit the bank's investment preferences (i.e., investments they manage or make a profit from).

Any attorney who draws up your wills is going to probably charge by the hours (although some have a flat fee), and anything you can have ready ahead of time means that much less time needed from the attorney.

When you are done, you should get at least three original, signed and notarized copies of the will. One for your personal papers, one for the proposed Executor, and one for someone you trust entirely but who is not willing or able to serve as Executor, guardian, etc.

By Debbie on Tuesday, September 19, 2006 - 01:36 pm:

We did just what Ginny advised. I was told by a family friend, who is an attorney, to make sure it is done by an attorney if you are arranging custody of your dks. We bought a will form at a bookstore, so we knew exactly what decisions we had to make. We then took all the information to an attorney, so he could draw up and notarize the will. I want to say it was around $200.00. Definitly worth it for the piece of mind.

I am glad you brought this up. Since we moved to a new state, we need to have ours looked over.

By Reds9298 on Tuesday, September 19, 2006 - 03:14 pm:

Thanks for the info ladies. This is on our to-do list. We are still deciding on the custody of our daughter in the event of our deaths, but I like the idea of buying the will form so we know what all we need to have decided before going to our attorney.

By Ginny~moderator on Tuesday, September 19, 2006 - 08:16 pm:

While you are looking at your wills, look at the beneficiary setup on your life insurance, IRA, 401(k), pension fund, bank accounts and investment accounts. These are often set up and never looked at again, even when there is a life change. I read recently of a military man, married and with a child, who had set up his mother as the beneficiary on his military life insurance when he first enlisted and never changed it - and his mom didn't like his wife. So guess who got the money when he was killed in combat? When my brother was dying of pancreatic cancer, he wrote a new will because his divorce had been made final a few months before he was diagnosed. But he didn't think about the life insurance, pension, etc., until I suggested it to him, and there was a flurry of changing beneficiaries from his ex-wife to trusts for his children.

By Conni on Wednesday, September 20, 2006 - 08:56 pm:

Ditto Debbie and Ginny.

We were considering doing a will ourselves with some software we bought. However, we have since consulted with an attorney that specializes in wills and trusts and we are very glad we did this. We had so many questions and he had all the answers. Plus he informed us of things that we were nto aware of.

I recommend using an attorney or atleast consulting with one before you do a will...