Posted: 7/22/2006 5:03:37 PM EDT
I'm not planning on dropping dead any time soon, but for the first time in my life I'm actually becoming worth something if I die.  I'm too cheap to hire a lawyer ... what's a good way to create a will? I looked at the do-it-yourself kits at the office supply store and they looked crappy. Can it be done on a videotape? I heard that somewhere. What about a paralegal? I also want to make sure they "pull the plug", if needed ... I wouldn't want to be a turnip. |
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If you have a lot of property or complex wishes you should see a lawyer. It only costs like $50 and they can make sure you dont fuck it up. There is usually a state law that lays out the requirements for a will to be valid. In general though: Make sure you state it is your last will, identify yourself, identify it as a will. Make a general statement revoking all other wills and codicils. State that you have the capacity to dispose of your property and are not under duress. --Body of will, disposition etc. There are specific rules about disposition but generally if you dont have a ton of complicated wishes just write plainly who you want to give what.-- You have to sign and date it in the presence of two people who are NOT beneficiaries [witnesses]. Anyone who witnesses it is disinherited. The witnesses must sign it and it's usually a good idea for them to put their addresses on it. ETA: 'Pull the plug' is part of a living will. They are different and you do need a lawyer, they are usually notarized and you have to make the directive in no uncertain terms. |
Well, call around, it may be more... Getting a lawyer is just like any other kind of shopping. It's free to call the office and ask how much they charge for stuff. Even if the guy you call doesnt handle that stuff they will usually point you in the direction of someone who does. Some work by the hour, some do flat charges for documents. |
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While you're at it ... you might want to consider these, also ; Last Will & Testament (appoint an executor and express your wishes) Separate Writing for Tangible Personal Property ( instructions for bequeathing particular things) Guardian of Person and Property Alternates Guardianship for Children Alternates (think worst-case scenario) Estate Planning Living Trust (Revocable Trust Agreement) A/B Trust (for tax shelter and to avoid probate; must be funded and all assets should be in it) Successor Trustee Alternates Designation of Health Care Surrogate(Medical Guardian) ; to make med. decisions if you cannot Medical Power of Attorney Alternates Declaration of Living Will Medical Power of Attorney Alternates Decision on DNR order Durable General Power of Attorney to Spouse and/or alternate Declaration Naming Preneed Guardian (in case of incapacitation) Alternates Funeral Arrangements (cremation, pre-paid plot, etc.) Life Insurance (for trust funding, burial, living expenses, pay probate, investment) Education for Children 529s PrePaid programs Education IRAs Stay safe |