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Who has a last will and testament?

How did you do it? Did you go to a lawyer or use one of the online services?
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Re: Who has a last will and testament?

  • We don't have one yet. But when we do, we'll go through a lawyer.

    If you do it on your own, be sure to follow the instructions very carefully. My dad wrote his own will (using some sort of form or software). But then he had my brother and my brother's then-fiance/baby mama (now wife) sign as witnesses. You have to have people who are "non-interested parties" sign as witnesses (e.g. people who would have zero potential legal claim to your estate), or it makes the entire thing invalid. That's what happened with my dad's will. The whole thing was deemed void. That meant his wishes (that everything go to my one brother) had to be ignored (making everything a 50/50 split between my two brothers -- I wasn't legally entitled because he was my step dad and my parents were divorced). And had his estate not been bankrupt (meaning he had more debt than assets), we would have been forced to go through probate -- which would have cost us a lot of time, effort and money.

    And that brings me to the other reason we'll use a lawyer. While I consider myself pretty savvy at researching things and figuring out the fine print, I never want to put my loved ones through what I had to deal with after my dad's passing (since the responsibility got dumped on me by my family) because there was nothing valid and legal in place. So, I'd definitely opt to pay an estate attorney for an hour or two of their time to review everything and make sure everything is done correctly.

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  • We do. We actually have a living trust. We did it not too soon after buying our house. Ours was done through the lawyer who did my il's since they were updating theirs.
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  • I do not have one (other than the afore mentioned written page in my diary) but for my Aunt we used a template and my H and I signed as witnesses. I think it's a better idea to go through a lawyer that is familiar with the different laws but it was a simple way to do it for someone who couldn't afford the fees.
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  • imageMadameD517:
    I do not have one (other than the afore mentioned written page in my diary) but for my Aunt we used a template and my H and I signed as witnesses. I think it's a better idea to go through a lawyer that is familiar with the different laws but it was a simple way to do it for someone who couldn't afford the fees.

    Just FYI: since you and your DH signed you cannot be beneficiaries of her will. The witnessess must be an uninterested party - someone who is not a beneficiary to the will. 

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  • We do we also have a living trust. We went through a lawyer. It was worth the extra expense to have it done right. Most of the online things have loop holes that can be contested or wind up in probate if done wrong. Also I would highly suggest a trust to help your estate avoid the probate process that it would have to go through if you only have a will.
  • we don't, but we should.  we keep talking and not doing.  i think 2011 need to be a year of doing.
    great blasket island, co. kerry, ireland june 2011
  • imagelegaleagles:

    imageMadameD517:
    I do not have one (other than the afore mentioned written page in my diary) but for my Aunt we used a template and my H and I signed as witnesses. I think it's a better idea to go through a lawyer that is familiar with the different laws but it was a simple way to do it for someone who couldn't afford the fees.

    Just FYI: since you and your DH signed you cannot be beneficiaries of her will. The witnessess must be an uninterested party - someone who is not a beneficiary to the will. 

    Yep. See my post above! And neither can be the executor of the estate either.

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  • Like pp's, we have a Trust. We started it when I was pregnant got all finished up just after he was born. With a baby it is an absolute must and with property it is a smart decision. Find an attorney that specializes in Trusts and Estate Planning and go for it.

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  • We don't, but we plan on doing it when we have kids.  My understanding if that one of us passes, everything goes to the other.  I'm not sure what happens if both of us pass, though?

    For our investments, we have beneficiaries, but I'm not sure what happens to our house...

  • I have a typed one I did.  I am a paralegal so I wanted to do it on my own, it is considered a holographic will since it is not signed by an attorney or notarized.
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