mundane legal question: is a lawyer needed for a will?

[Lerkfish]

we want to make sure our son goes to a particular relative , and we want to make stipulations on his upbringing, and the use of our death insurance settlements.

Can we just purchase a simple will computer program, or is care of a minor enough of a complication to bring in legal help?

we are in the state of Ohio.

thanks in advance.

[Solly Mack]

1. No - just 2 witnesses and put it in a safe place.

Make 2 copies, though. Give the second copy to the person you designate as guardian. For safekeeping more than anything.

If you plan on something complicated or think the will might be contested, then seek a lawyer.

[H2O Man]

9. You are correct.

One can find good "forms" for wills on the internet. Have two witnesses, and also have a public notary stamp it.

Your point about getting an attorney for anything potentially complicated is very important. A common sense rule to hold to is to think: will anyone be upset, and consider contesting he will? Families can be especially hostile units when someone with resources dies.

[ret5hd]

2. my wife and i just got ours this week (thru an attorney)...

along with living wills, medical power of attorneys, etc etc etc. It was more complex than i originally thought...and we don't have kids. He pointed out several things to us that we weren't aware of, and closed loopholes that would have exposed the wills to being contested. He is putting the wills on fle at the courthouse for us (this is not required here, but makes the wills easier for someone to find if necessary). At the signing, he provided the Notary seals and the witnesses. With all of the related documents (living wills, etc) there were 7 or 8 documents. It took us over an hour just to revue, sign, notarize, and witness everything.

All in all, I am glad we went to an attorney. I feel much more educated about the process now...both creating a will and what happens after i die (legally i mean...my attorney had no contracts as to the disposition of my soul ;-) ) Your mileage may vary.

[Ready4Change]

3. Not a lawyer here, so wadda I know?

I think you can just write your own, use one of those computer programs or templetes, etc...

To give it legitimacy and improve the odds of it holding up in court if contested, you should have it stamped by a notary public. That verifies that you are who you claim to be in the document, etc...

That said, I think that having a lawyer help will give the will greater legitimacy in court, plus the lawyer may know how to write the document to ensure your desires are carried through the process. To make sure that others don't find ways to cloud or confuse the intent of your written word, when you are no longer there to clear things up.

So, is a lawyer needed? probably no. Is one helpful? Probably yes.

[mmonk]

4. Short answer, no.

[Horse with no Name]

5. I don't think so but

You don't want to take a chance with your son.
Hire an attorney and then you can be sure your wishes are carried out and that a loophole doesn't have him going somewhere that you prefer he doesn't.
Good luck!

[Lerkfish]

6. thanks for all the replies! we will continue to chew on this.

our main reason for concern is there are relatives we DON"T want him going to, but who might be more directly related.
sounds like a lawyer would be best, especially the loophole argument.

[fishnfla]

7. if there is alot of money in the insurance policies

you might want to see a lawyer and set up a tax-friendly trust.

[Coyote_Bandit]

8. There are very specific requirements

that do vary from state to state regarding both the manner in which the will is stated and the manner in which it is executed.

For example in JOklahoma a holographic will must be entirely in the handwriting of the person writing the will. It is invalidated if any part of it is typewritten or computer generated and part of it is handwritten.

There are also some specific reules regarding what constitutes a valid manner of execution. For example, the line of sight rule. And in some states you can attach a self-proving affadivit to the will which would not necessitate the calling of the witnesses to the will to verify its authenticity should that ever be required.

Your case is further complicated if you are dealing with a minor survivor. Remember minors do not have the legal ability to contract. In addition to establishing a guadianship it would be wise to also consider establishing a trust to administer survivor benefits - and more importantly provide for their accounting - until such time as the minor survivor reaches the age of majority. More than one minor survivor has had his financial inheritance decimated by a guardian.

Get a lawyer. You will likely have a better end result due to some tax and estate planning. Your son can be protected after your death by having his financial interests guarded. You may be able to avoid the creation of any public record (probate) regarding property transfer. Software packages are generally not very good at anything that requires planning for tax consequences or customization for specific circumstances.

A will isn't something you can straighten out later or explain your intent. By the time anybody wonders what you wanted you will be gone. Are you willing to take that chance?

[izzie]

10. I think you have to know state laws for that.

State has rights where children are left I do think and their legal state would change and I do not think you can do a thing that would not be under your state laws. I would sure go to a lawyer if it was my children. I am sure if you made a will and it did not fall under your state laws it would be no good. Then the state laws would do as they wish. Get a lawyer and do as you wish.

[converted_democrat]

11. It can be done on your own, but if you have the resources I'd get a lawyer

just to be safe. When we went and had ours done, we started out wanting a basic will, by the time it was a over he did our will, and he set up a "trust." I don't know all the specifics, but it's supposed to make it easier for our family to retain our stuff. We are not "wealthy" people, but we have some decent assets, and he explained to my hubby (it went over my head) how it would save my family hassles, and money in the long run. We would have never known about this "trick" if not for the lawyer. The whole deal cost us like $750.00, and the piece of mind alone is worth more than that to me. You can do the will on your own, but if you have a couple of bucks sitting around, and you have any assets, I'd recommend going to a lawyer, it could save you, and your family a bundle in the long run.

[PDJane]

12. Get a lawyer. Please.

Lawyers absolutely love those make a will kits, because the litigation that comes out of them keeps them in cadillacs.

[HamdenRice]

13. As a member of the legal community ...

I would strongly, strongly urge you to consult a lawyer. The law of wills has some of the most arcane, archaic and confusing rules of any area of law. As one poster above mentioned as an example, even how you sign a will is governed by counter-intuitive arcane rules. In some states, you cannot simply sign the will and have two witnesses sign; you must "publish" your will in front two witnesses (usually by saying "this is my will), present at the same time, and then sign with the witnesses "in line of sight" of your signature.

Did you make that each spouse leaves the minimum "spouses elective share" to the other?

There are also other rules about witnesses. Did you make sure that no witness receives anything under the will? If not, you may end up with both a will and partial intestacy (partially invalid will) meaning that your estate will go through two probate proceedings at twice the expense. Did the witnesses execute both attestation clauses and notarized self-proving affidavits?

Even the language of wills takes law students months to learn. Sometimes the word "heir" in a will means those who take by intestacy; and sometimes it means nothing whatsoever.

And this is not intended to be exhaustive. These are just a few examples of the problems you could encounter.

Also you cannot tell which state law will govern your will, because even if you follow the rules in Illinois, either because you move to another state or have real property in another state, it may also be probated in some other state.

If you want this to be valid you need to see a lawyer. Also, a lawyer can help you figure out what is best in terms of alternatives to wills, such as an insurance trust, which your children would get much sooner than property passing by will.

If this does not convince you, let me recite a little poem about people who try to make their own wills that lawyers recite to celebrate the massive amount of business generated by people who try to make their own wills:

The Jolly Testator Who Makes His Own Will

Lord Neaves

Ye lawyers who live upon litigants' fees,
And who need a good many to live at your ease,
Grave or gay, wise or witty, whate'er your degree,
Plain stuff or Queen's Counsel, take counsel of me:
When a festive occasion your spirit unbends,
You should never forget the profession's best friends;
So we'll send round the wine, and a light bumper fill
To the jolly testator who makes his own will.

He premises his wish and his purpose to save
All dispute among friends when he's laid in the grave;
Then he straightway proceeds more disputes to create
Than a long summer's day would give time to relate.
He writes and erases, he blunders and blots,
He produces such puzzles and Gordian knots,
That a lawyer, intending to frame the thing ill,
Couldn't match the testator who makes his own will.

[Lerkfish]

14. thanks. we're convinced to get a lawyer. We just want to do it without

taking out a second mortgage.
:)

[AngryAmish]

15. No but a very good idea.

Most lawyers will do it cheap because it makes for good marketing (ie they become your lawyer for future things.)