Have you made a Will?

Status
Not open for further replies.

Nymtoc

Benefactor Member
Kind Benefactor
Super Member
Registered
Joined
Sep 3, 2007
Messages
43,833
Reaction score
3,366
Location
Between the lines
Yes, of course.

Everybody should have a will...

...including people who say "I'm young, I don't need one." They may get run over by a bus tomorrow.

...including people who say, "I don't have any money. Why do I need a will?" They may die and leave their survivors in a legal tangle. It's much less complicated to settle an estate with a will than one where the decedent has died instestate, even if the decedent didn't possess much. It's nice to have a little concern for your family.

...including people who say, "If I make out a will it means I'm going to die." And if they don't make out a will...?


:e2poke:
 

ajkjd01

I just have to be faster.
Super Member
Registered
Joined
Aug 15, 2007
Messages
549
Reaction score
94
Location
in my dreams...
Website
www.addiejking.wordpress.com
Mr. Maryn's a lawyer and we don't have wills, which is kind of amusing. It's deliberate, though. The state in which we live distributes our assets in exactly the way we'd want it done, so there's no need.

Except for these damned books I keep writing. Thanks a lot, Neil Gaimon!

Maryn, who hadn't considered their fate

Um, don't feel bad. I'm an attorney as well.....and you guessed it, I don't have a will.

Doesn't mean I haven't started putting one together. I've done the living will and health care power of attorney paperwork myself, and am starting to work on the rest of it myself as well.

I figure I've paid for the education I should be able to figure out how to write one for myself, especially with no kids and no real property to designate. I never thought about literary stuff. I wouldn't know where to start. Guess it's time to do some research.
 

ajkjd01

I just have to be faster.
Super Member
Registered
Joined
Aug 15, 2007
Messages
549
Reaction score
94
Location
in my dreams...
Website
www.addiejking.wordpress.com
Well, I just wrote up a holographic Will. I copied the language provided in Mr. Gaimon's link, then added my own stuff, including last messages to my children.

I hope that my youngest child is at least 30 before that thing is needed!

Although, can I say that you should check to make sure that your state allows for holographic wills?

Mine doesn't.

I'm a lawyer, so I'm saving the money on preparation, since I spent it on student loans. I will have to still follow all the state requirements to make it legal. That's why you pay an attorney; to make sure the i's are dotted and the t's are crossed.
 

Little Red Barn

haz own threads
Kind Benefactor
Super Member
Registered
Joined
Oct 27, 2006
Messages
2,839
Reaction score
3,669
Although, can I say that you should check to make sure that your state allows for holographic wills?

Mine doesn't.

I'm a lawyer, so I'm saving the money on preparation, since I spent it on student loans. I will have to still follow all the state requirements to make it legal. That's why you pay an attorney; to make sure the i's are dotted and the t's are crossed.
:D I find a lot of attys. are notorious for dying intestate.

I recently updated my Will for my literary work, with a Codicile. Went to my atty., had him draw it up--add--completely painless...It's clear/concise and more importantly, my wishes....now if I could only say the same about that recent flu shot!!! ;)
 

aruna

On a wing and a prayer
Super Member
Registered
Joined
May 14, 2005
Messages
12,862
Reaction score
2,846
Location
A Small Town in Germany
Website
www.sharonmaas.co.uk
I also keep putting it off, and I really, really need to do it. We have already had problems with wills. My husband has a greedy older son who, a few years ago, got him (hub) to sign over his entire inheritance to him (the son) and his sister--that is, two or three huge and very valuable houses. ANd now our basic problem is accomodation. My husband is mentally disabled and didn't know what he was doing.

If I should die before my husband, he woulds inheroit half of everything, and no doubt the son would again get his hot little hands on whatever there was.
SO I basically have to disinherit my husband in favour of my children. It;s a drag!

But. I wouldn't mind gettiong some of Ray's frozen sperm.
 

Carrie R.

Procrastinating, clearly
Super Member
Registered
Joined
Sep 11, 2007
Messages
233
Reaction score
49
What's funny is that I'm a trusts and estates attorney and I don't have a will (and the intestacy laws in my state aren't what I'd want... I'd better start drafting).

A couple of things about wills... I echo what someone said above, not all states allow handwritten wills. Some states have rules on fill them in yourself wills. Another reason to have a will other than leaving stuff to people is for tax reasons (to structure your estate in certain ways, even if you don't have a large estate, how it pays the taxes after you death can impact who gets what). Also, there are easy ways to keep life insurance from hitting the estate that are worth looking into (if you have a big life insurance policy).

But the biggest thing I'll stress (for now) is to be aware of how major life changes impact your estate planning and to update your wills accordingly. I can't tell you how many times I've seen a family torn apart because one parent had an old old old will that clearly would not have been their intent had they drafted a new will.

I really do advise hiring an attorney to draft/review your will. And you can often find attorneys that will do a basic will package for a set fee so you don't have to worry about hourly rates. Think of it as an investement (just like you invest in a professional to do your title search when you buy a house).

I'm not intending this as legal advice, just some thoughts.
 

MidnightMuse

Midnight Reading
Kind Benefactor
Super Member
Registered
Joined
May 23, 2006
Messages
8,424
Reaction score
2,554
Location
In the toidy.
I'm not sure having your wife put your head in the freezer next to the Ben and Jerry's is equal to "not dying" :D

So honestly - those sorta pre-printed wills you can get at office supply stores, where you fill in the blanks and get it notarized, them's no good?
 

AmyBA

I'm a believer
Kind Benefactor
Super Member
Registered
Joined
Feb 16, 2005
Messages
897
Reaction score
148
Location
Back in the saddle again.
Website
www.amyba.com
My husband and I had our wills drawn up earlier this year, including health care proxies. I don't have a literary executor but I did specify what my intentions were regarding any published/unpublished work. I felt sorta queasy at the signing of all the paperwork, but now that it's done, I'm glad.
 

MidnightMuse

Midnight Reading
Kind Benefactor
Super Member
Registered
Joined
May 23, 2006
Messages
8,424
Reaction score
2,554
Location
In the toidy.
I'm more concerned with making sure my sister (since we live together) and I know each other's last wishes and living will type decisions. We have our names together on our house and our bank accounts (and life insurances) so I think the only issue is if we're both in the car when that frozen urine from the passing Boeing 747 drops from the sky and squishes it.
 

AmyBA

I'm a believer
Kind Benefactor
Super Member
Registered
Joined
Feb 16, 2005
Messages
897
Reaction score
148
Location
Back in the saddle again.
Website
www.amyba.com
Personally, I think wills are just one more scam the lawyers are foisting upon us. More fear mongering.

Perhaps. But still, I do feel better knowing that we have explicitly stated our wishes regarding the custody and care of our children in a legal way. If I'm not around to take care of them for some reason, the very least I can do is make sure that someone they love and trust is. But that's just me.
 

Shadow_Ferret

Court Jester
Super Member
Registered
Joined
Apr 26, 2005
Messages
23,708
Reaction score
10,657
Location
In a world of my own making
Website
shadowferret.wordpress.com
Oh, I have a living will.

It states: Do NOT pull the plug until the sun goes supernova.

Perhaps. But still, I do feel better knowing that we have explicitly stated our wishes regarding the custody and care of our children in a legal way. If I'm not around to take care of them for some reason, the very least I can do is make sure that someone they love and trust is. But that's just me.

That's good for you. I don't know anyone I'd trust with my kids. They're all F--- ups. (the adults not the kids)
 

Carrie R.

Procrastinating, clearly
Super Member
Registered
Joined
Sep 11, 2007
Messages
233
Reaction score
49
:D

So honestly - those sorta pre-printed wills you can get at office supply stores, where you fill in the blanks and get it notarized, them's no good?

This isn't something I've come across in practice, so I can't state a legal opinion. But I do remember from law school there being some narrow lines between a holographic (handwritten) will and a fill in the blanks will. What is allowable is totally dependant on the state and varies widely from state to state. Also, I remember from law school that some judges scrutinized fill in the blank wills harder to ensure that the execution was proper (and you'd be surprised how many people don't properly execute these documents). Sorry I couldn't be more help!
 

Carrie R.

Procrastinating, clearly
Super Member
Registered
Joined
Sep 11, 2007
Messages
233
Reaction score
49
I'm more concerned with making sure my sister (since we live together) and I know each other's last wishes and living will type decisions. We have our names together on our house and our bank accounts (and life insurances) so I think the only issue is if we're both in the car when that frozen urine from the passing Boeing 747 drops from the sky and squishes it.

One thing to consider -- it doesn't matter what anyone's final wishes are if they're not written down and properly executed. Again, I don't know what state you're in so I can't give any legal advice, but if there's no will the state will distribute everything according to the intestate statute regardless of what anyone wanted. Same with living will or health care power of attorney -- it depends on the state, but often if it's not written and properly executed, and you're not the person the statute says gets to make the decision, you don't get to make the decision and it won't matter what her desires were.

I'm really really not trying to be all "scary mary" here about this stuff, I just see a lot things go wrong when the could have gone so right with a little bit of planning. Plus, as a lawyer, I tend to see all the worst-case-scenarios.
 

Siddow

I'm super! Thanks for asking
Super Member
Registered
Joined
Jul 2, 2006
Messages
2,719
Reaction score
2,056
Location
GA
Perhaps. But still, I do feel better knowing that we have explicitly stated our wishes regarding the custody and care of our children in a legal way. If I'm not around to take care of them for some reason, the very least I can do is make sure that someone they love and trust is. But that's just me.

You know, when hubby and I had our wills done, our lawyer said that even though we were appointing a guardian in the case of our deaths, it's really more of a suggestion than a rule. That we're telling the courts who we want our kids to go to, but the courts can still decide that's not in the best interest of the children and appoint someone else.

Nice, huh?
 

Monkey

Is me.
Super Member
Registered
Joined
Apr 12, 2007
Messages
9,119
Reaction score
1,881
Location
Texas, usually
Although, can I say that you should check to make sure that your state allows for holographic wills?
.

I'm not a *complete* moron. :D

I did check first, and my state does allow them.

Also, as Maryn said, my wishes are almost exactly in line with what the state does anyway, so I'm not terribly worried.

I copied the language concerning my writing, and wrote down my burial preferences, made last notes to my kids. As far as my stuff goes, it all goes to my husband, or if he has passed on, then it is to be divided equally amongst our kids. If our kids are under 18 and we both pass on, I'd like them to go to family members. We have a large, loving family that really comes together when there's trouble; I know my kids would be fine.

We don't have any outstanding debt (except for the latest hospital bill which we are preparing to pay in full) and our bank accounts all have rights of survivorship and whatnot built into them. I don't think I need an attorney at this juncture.
 
Status
Not open for further replies.