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If you have ‘looked at all the sites’ about making a simple will, what is your problem with them and their advice? Just 'filling in a form' won't make a valid will.
MsTcat, welcome to the forum. Is the Will for yourself or a family member? If for a family member, is that person of clear mind enough to understand everything in a Will? If not, they cannot sign a Will or any other legal documents.
I've never been a fan of on-line legal documents, as one misplaced word or missing word could make the Will different from what it was intended. Not saying there aren't good legal websites where you speak to an actual Attorney, just saying be very careful of using just any "boilerplate Will". Using the wrong Will could cause the Will to be invalid.
Please note if you print off a Will from the internet, you will need to get the Will notarized. Present at signing must be at least two witnesses (depending on the law of your State), and the witnesses cannot be anyone who is named in the Will, nor can one of the witnesses be the notary him/herself.
If the estate of the person who needs a Will is over a certain amount (depends on the State), it is better to speak with an Elder Law Attorney who will draw up the Will or even suggest a Trust if the estate is large.
Legalzoom.com or Rocketlawyer.com are ones that my Mom and MIL used to create PoAs, Advance Healthcare Directives and Last Will & Testament. They are specific to each state and walk you through a lot of questions before filling it out. These 2 sites also have online access to attorneys licensed and experienced in elder law in your home state if you have questions. You still have to finalize it all in whatever way your state designates, like being notarized in front of 2 non-family witnesses. I would only go this route if there is little chance for contestment or controversy, or paying an attorney's fee is a barrier. I'm an only child and my Mom is single, so no disputes will be happening.
Always best to have a lawyer draw up your will and legal documents, as you won't have any issues down the road. I live in NC, and had my will and both DPOA, and medical POA drawn up here a little over 2 years ago for $750.
Google "making a will in the state of _____________." You will find simple forms and instructions. In most states a HANDWRITTEN and WITNESSED holographic will will suffice, but my advice to you is to get legal aid in making a will if you have any questions. If there are any funds at all involved this is something you really don't want to do "wrong".
Also, by using an Elder Law Attorney, that Attorney can let you know if there are any new Federal or State laws that would affect your legal documents. Couple years ago we had to go in and sign new legal documents, otherwise our previous legal documents would have been outdated. I don't know if on-line website Attorneys offer that type of update service.
Use a certified elder law attorney from National Academy of Elder Law attorneys (naela.org). They are extremely knowledgeable and, as the members are required to have adequate malpractice insurance, you or your heirs have recourse if need to sue.
I bought a CD, I think it was called "at-home attorney " or vice versa. It was about $60 and it covers many legal items like health directives and personal property and the Will in regards to everything. Mom and I filled out the ones she felt necessary,printed them out and brought them to a notary public for the stamp of confirmation. It was legal and binding. Cheap, easy to use and lots of subjects are covered.
Our senior center has a once a month "make a will" drop in session with lawyers, check with yours for this free (for members) offering. It's important you have state specific documents and non-family member witnesses. Good luck!
I'm an only child as well... Never considered any problems... Big mistake !!! Any one can contests guardianship, and it cost the estimate and me for years+ my retirement savings in ....court and lawyer fees as well as the family business. So even if you are an only child... treat it like your not!!! Trust me on this..!!! Sincerely ..an only child...
Don't bet on it!!.. It's the way I thought and that assumption threw my family into a total train wreck!!! 4+ years and counting 401ks gone, family business gone.... Stay in front of it while you can... Contact an elder lawyer now!! Seaously!!
If it’s a simple estate without real property or investments, the many options online can be very good. If it’s a more substantial estate, I suggest an estate planning attorney or elder law attorney who can explain the options and help you navigate that. You also need a DPOA to be used if you become incapacitated or otherwise unable to make decisions for yourself. Those too can be found online. Additionally, you should complete a POLST form with your doctor. It’s a Physician’s Order for Life Sustaining Treatment that indicates your end of life preferences. Every state has their own form and your doctor’s office will have it.
I believe there are many on-line. I'd advise seeing an attorney if possible. Some will work pro-bono - you have to ask. There are senior centers who offer these services. Yes, you can do one on-line although a real person - attorney - may know things / ways of creating a will - that you might miss on-line. Consider calling a law school and see if there is a student willing to help you - they are supervised by a professor.
I am concerned that you indicate you've 'looked at all the sites' and haven't found one that offers a will 'template' - they are there / available. Perhaps ask a kid or friend (college kid) to help you do this research.
P.S. It isn't only a WILL - there are many other legal documents you need to get in order ... POA for finances, healthcare, soc sec rep... Be sure to find out exactly what you need to be covered. Are you interested in a funeral or donating your body to science (as I am) ... this takes a lot of research, although questions you need to ask yourself.
To make sure the will is legal, book an appointment with a local lawyer. A lawyer that handles family law or a generalist (as opposed to somebody who handles accidents for example) will be able to quickly and easily handle this. If you plan on giving certain items to certain people, make a list and bring it with you to the appointment.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
I've never been a fan of on-line legal documents, as one misplaced word or missing word could make the Will different from what it was intended. Not saying there aren't good legal websites where you speak to an actual Attorney, just saying be very careful of using just any "boilerplate Will". Using the wrong Will could cause the Will to be invalid.
Please note if you print off a Will from the internet, you will need to get the Will notarized. Present at signing must be at least two witnesses (depending on the law of your State), and the witnesses cannot be anyone who is named in the Will, nor can one of the witnesses be the notary him/herself.
If the estate of the person who needs a Will is over a certain amount (depends on the State), it is better to speak with an Elder Law Attorney who will draw up the Will or even suggest a Trust if the estate is large.
I live in NC, and had my will and both DPOA, and medical POA drawn up here a little over 2 years ago for $750.
You will find simple forms and instructions.
In most states a HANDWRITTEN and WITNESSED holographic will will suffice, but my advice to you is to get legal aid in making a will if you have any questions. If there are any funds at all involved this is something you really don't want to do "wrong".
not cheap but you get what you pay for.
Trust me on this..!!!
Sincerely ..an only child...
I'd advise seeing an attorney if possible. Some will work pro-bono - you have to ask.
There are senior centers who offer these services.
Yes, you can do one on-line although a real person - attorney - may know things / ways of creating a will - that you might miss on-line.
Consider calling a law school and see if there is a student willing to help you - they are supervised by a professor.
I am concerned that you indicate you've 'looked at all the sites' and haven't found one that offers a will 'template' - they are there / available. Perhaps ask a kid or friend (college kid) to help you do this research.
P.S. It isn't only a WILL - there are many other legal documents you need to get in order ... POA for finances, healthcare, soc sec rep... Be sure to find out exactly what you need to be covered. Are you interested in a funeral or donating your body to science (as I am) ... this takes a lot of research, although questions you need to ask yourself.
Gena / Touch Matters