Making A Will

[TheDan]

a Medical POA that actually knows your wishes is way better

That's a great point. I need to designate my daughter as Medical POA. She'll actually pull the plug. My wife would keep me hooked up

 

[gdr_11]

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

I used LegalZoom after paying a lawyer $1,000 for my first one and then realizing that updating every few years is a good thing as situations change. Updating a LegalZoom will is a snap and the initial and update costs are minimal

 

[SA_Steve]

I kinda like the trust idea but I also like my homestead and old-guy tax breaks. I think the (revokable) trust will let me keep my Texas homestead exemption while the property lives in the trust.

There's hardly any protection against having your estate eaten up by a year or three in long term nursing home. They closed those loopholes years ago.

When my dad died in Texas a few years ago my lawyer had me find three people to write that I was the only heir and probate (or any court order at all) was avoided. Bank took the letters, no problem.

 

[ZX9RCAM]

When my dad died in Texas a few years ago my lawyer had me find three people to write that I was the only heir and probate (or any court order at all) was avoided. Bank took the letters, no problem.

I had to do the same when my brother passed.
He had no will, and no beneficiaries set up.

 

[robertc1024]

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?

Hey Geezer -
#1 yes - holographic will. Texas Law Help .com
#2 - sort of - you have to have it notarized.
#3 - Yes - make a trust though so do you don't have to probate it.
#4 - ill advised - don't do a joint will - do a trust.
#5 - You don't file an advanced directive - file an ADR separately.

The lawyer has spoken.

 

[seeker_two]

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

Only if you're mentioned in the will, too.....

 

[x12aesq]

If you're not a lawyer, pay someone who is.

I am a lawyer, just not a wills and estates lawyer. I paid a guy who is one to do the heavy lifting for me. I learned just enough about the topic in law school to realize there are a lot more ways to get it wrong than to get it right.

p.s. you won't avoid probate, or rather, your heirs won't, unless you have no real property and no serialized personal property. If you have a will, the will is probated; if you don't, your heirs still go to the probate court to deal with that kind of property.

YMMV, as they say.

 

[BRD@66]

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.

^this. We were lucky enough to have known the atty since she was 12 yrs old.

 

[oldag]

Wills do not have to be notarized.

They do have to be witnessed. Best to use someone not in the will (a disinterested party) as witnesses.

You can write your own will. You can download a template.

If you have anything unusual at all, use an attorney.

Keep the original in the safe deposit box. Just make sure someone is authorized to access your SDB and knows where you keep your key.

 

[Southpaw]

Which reminds me I need to update my own will.

Dad?