Making A Will

[Geezer]

I have decided to make a will. I don't have much stuff but I do have a few things that I want to go certain people. I know nothing about making a will.

Can you write your own will and it be binding?
Are the online wills the same as writing your own, except with a fee?
Or, do I just need to go an attorney and pay the man?

My wife wants to make a will herself. Is there a couples will or do they need to be separate?
We both are comfortable to let the surviving spouse handle it but, there may be a case of us both going together, sickness, car crash, etc.

What about advance directives or living wills? Can they be included in a standard will?

Any suggestions as to where I may start?

 

[Big Green]

Legal zoom .com is supposed to be good for basic things like that.

 

[no2gates]

I used freewill.com and it worked great.
You'll need to have it notarized in front of witnesses.

 

[no2gates]

I have decided to make a will. I don't have much stuff but I do have a few things that I want to go certain people. I know nothing about making a will.

Can you write your own will and it be binding?
Are the online wills the same as writing your own, except with a fee?
Or, do I just need to go an attorney and pay the man?

My wife wants to make a will herself. Is there a couples will or do they need to be separate?
We both are comfortable to let the surviving spouse handle it but, there may be a case of us both going together, sickness, car crash, etc.

What about advance directives or living wills? Can they be included in a standard will?

Any suggestions as to where I may start?

Don't forget to leave all your Glocks to @Moonpie and all your 1911's to me and @Axxe55

 

[Coiled]

I need a will too so, thanks for kicking this off.

ESTATES CODE CHAPTER 251. FUNDAMENTAL REQUIREMENTS AND PROVISIONS RELATING TO WILLS

statutes.capitol.texas.gov

Sec. 251.052. EXCEPTION FOR HOLOGRAPHIC WILLS. Notwithstanding Section 251.051, a will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses.

 

[Vaquero]

We used a local lawyer.
250 dollars as I recall.
Both wills.
Concurrent stuff.
Directive to physicians.
Witnessed and filed.

Took 2 trips to the attorney's office and maybe 45 minutes of my own time.

Worth the time and peace of mind.

 

[Grumps21]

Two more years of potato head, and we will all be broke anyway and on a social credit system. Enjoy what you have now. Hookers and blow or whatever strikes your fancy. Wills will be a thing of the past.

 

[Axxe55]

I have decided to make a will. I don't have much stuff but I do have a few things that I want to go certain people. I know nothing about making a will.

Can you write your own will and it be binding?
Are the online wills the same as writing your own, except with a fee?
Or, do I just need to go an attorney and pay the man?

My wife wants to make a will herself. Is there a couples will or do they need to be separate?
We both are comfortable to let the surviving spouse handle it but, there may be a case of us both going together, sickness, car crash, etc.

What about advance directives or living wills? Can they be included in a standard will?

Any suggestions as to where I may start?

I think the small amount of money spent with a lawyer is money well spent to insure your wishes and directives are carried out as you want them in the event of your passing.

I would take the wife with me, and have her a will made as well. But also a will that covers the event if both of you pass at the same time.

My best legal advice is talk to a lawyer. They can always make additions to the will if you have changes in your life at a later date.

Which reminds me I need to update my own will.

 

[kbaxter60]

I have decided to make a will. I don't have much stuff but I do have a few things that I want to go certain people. I know nothing about making a will.

Can you write your own will and it be binding?
Are the online wills the same as writing your own, except with a fee?
Or, do I just need to go an attorney and pay the man?

My wife wants to make a will herself. Is there a couples will or do they need to be separate?
We both are comfortable to let the surviving spouse handle it but, there may be a case of us both going together, sickness, car crash, etc.

What about advance directives or living wills? Can they be included in a standard will?

Any suggestions as to where I may start?

Some great and thoughtful questions on a topic that many need to know about.
Thanks.
One of my own: when it's time to amend your will. is it just a matter of making a new one ? How do you ensure that the latest is the true and correct one?

Oh, and to share a little advice from Dave Ramsey: share it ahead of time with your heirs. Supposed to prevent infighting or hard feelings if everyone knows your expectations before the fact. No surprises. I am guessing it's not easily done, but made sense when he explained it.

 

[toddnjoyce]

Some great and thoughtful questions on a topic that many need to know about.
Thanks.
One of my own: when it's time to amend your will. is it just a matter of making a new one ? How do you ensure that the latest is the true and correct one?

Oh, and to share a little advice from Dave Ramsey: share it ahead of time with your heirs. Supposed to prevent infighting or hard feelings if everyone knows your expectations before the fact. No surprises. I am guessing it's not easily done, but made sense when he explained it.

When to update: when you move or there’s a l change in how you want to distribute the part of the estate the probates.

Each kid has had a copy of our will since they each turned 18. We do a short family business meeting annually to review what our estate would look like, what will pass outside probate, what will be probated, instructions for real property assets to be liquidated, final distribution of the estate, and who the executor is.

It’s only as difficult or awkward as you make it. We may record these meetings going forward, but haven’t settled on that yet. It certainly provides a backstop if probate is challenged.

 

[TX OMFS]

If you want to avoid probate entirely, you can setup a trust(s).

 

[Fishkiller]

We went to an attorney. First visit to tell them what we wanted to do and what assess we had. Second visit to review and sign docs. I think he charged us a couple hundred bones and filed the wills with the government. All of the kids have a copy as well as the executor

 

[seeker_two]

The most important part of creating a will is making sure that you spell my name correctly....

 

[PDiddy]

When wife and I did ours, we went to an attorney. They are well versed and know the questions to ask you to make sure all of your bases are covered. The peace of mind from knowing it is done correctly is worth the fee, in my opinion.

 

[TX OMFS]

The most important part of creating a will is making sure that you spell my name correctly....

Does he need to use the title "Queen of TGT"?

 

[Mowingmaniac 24/7]

We went to an 'Estate Attorney' and $600 bucks later every category under the sun was addressed in our estate/will.

Sure, you can do one, but will it hold up once you take your dirt nap?

Pay the money if your estate is worth more than two wooden nickles...it's worth it.

 

[robertc1024]

I'll ask my daughter (an actual family law lawyer) the OP's questions tonight if she's home.

 

[Lonesome Dove]

Sign everything over now and there will be No Will issues nor contestments. You own nothing.

 

[TheDan]

IMO, wills are inviting the man into your affairs. Do like TX OMFS says and setup trusts. There's also other interesting things you can do like using LLPs, LLCs, or corporations to transfer ownership to your heirs over time with no tax penalty.

If it's things like guns, PMs, other easily portable stuff you could even setup a safe for each heir and give them the combo now. When you pass, they just come get their stuff. No courts or lawyers needed.

Make sure all your heirs understand what they are getting beforehand. If they squabble about it, just sell whatever they are arguing over and blow it on something neither of them would want

 

[Texas42]

IMO, wills are inviting the man into your affairs. Do like TX OMFS says and setup trusts. There's also other interesting things you can do like using LLPs, LLCs, or corporations to transfer ownership to your heirs over time with no tax penalty.

If it's things like guns, PMs, other easily portable stuff you could even setup a safe for each heir and give them the combo now. When you pass, they just come get their stuff. No courts or lawyers needed.

Make sure all your heirs understand what they are getting beforehand. If they squabble about it, just sell whatever they are arguing over and blow it on something neither of them would want

Trusts have places. . . But not in small estates.

Honestly, there is very little problem with a state specific mirror, online will That is properly notarized for small, simple estates. Probate isn’t the worst thing in the world.

Full disclosure, I had a lawyer draw our wills up. My will relatively simple now, but i have a few million in life insurance and it is best to keep things honest.

Don’t forget a medical POA while you are at it. You need one in Texas. Living will is kinda helpful, but a Medical POA that actually knows your wishes is way better.