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BamaRefugee

(3,487 posts)
Thu Mar 19, 2020, 09:55 PM Mar 2020

Any suggestions on making an affordable, enforceable will?

Something I’ve been meaning to do anyway, but seems like maybe the time is now. I don’t have a ton of money, but being alone, no kids, it seems a shame to just let it get grabbed by the government if something happens to me.

Thanks for any help.

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gratuitous

(82,849 posts)
2. Depending on what you mean by "affordable"
Thu Mar 19, 2020, 09:59 PM
Mar 2020

I'd suggest calling your state bar association lawyer referral service for the names of an attorney or two who work in estate planning. A simple will shouldn't cost all that much (mid three figures).

empedocles

(15,751 posts)
3. The will should just be a backup [called pourover wills]. Beneficiaries should
Thu Mar 19, 2020, 09:59 PM
Mar 2020

get their benefits w/o expensive, delaying probate.

Revocable trust forms are readily available on line for this purpose.

backtoblue

(11,345 posts)
4. Call a local funeral director/parlor to get started
Thu Mar 19, 2020, 10:00 PM
Mar 2020

You can also take care of a few more things while you're there. Like your burial preference, family info, etc.

Edit to add a lawyer would be the one to draw up a legal will.

TomSlick

(11,108 posts)
10. I LOVE on-line wills. They make for a lot of legal work for me.
Thu Mar 19, 2020, 10:15 PM
Mar 2020

A will makes a little bit of money for one lawyer. A home-made will makes good money for at least two lawyers.

TomSlick

(11,108 posts)
12. I LOVE holographic wills even more than on-line wills. (See 10 above.)
Thu Mar 19, 2020, 10:21 PM
Mar 2020

The courts will look for the least excuse to invalidate them and they almost always have more problems than the on-line wills.

It's like the old Fram oil filter commercials. "You can pay me now or you can pay me later."

[link:

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no_hypocrisy

(46,160 posts)
8. Get a lawyer. It's an investment, not an expense.
Thu Mar 19, 2020, 10:05 PM
Mar 2020

OTOH, get a lawyer who SPECIALIZES in Estate Planning, Wills, etc.

My father went to an attorney his age (90) who didn't do wills and screwed it up badly at the expense of my siblings and I being left nothing. (My father wanted to avoid paying a cent to the Government and did some screwy things that cost us.)

magicarpet

(14,164 posts)
9. Think through carefully,...
Thu Mar 19, 2020, 10:09 PM
Mar 2020

Know the state laws of Probate Court for a valid will.

Contact a seniors agency they can direct you to a low cost location for legal help to make the will official.

Contact a university law school they may assign a professor and student to guide you through the process.

Do you have a phone 211 United Way elder help office they may be able to recommend someone to help out.

 

VarryOn

(2,343 posts)
11. If you have a minor child...
Thu Mar 19, 2020, 10:16 PM
Mar 2020

Getting a trust is wise, too.

My lawyer had about 14 -20 estate documents that were part of the package. Things like a will, trust, various powers of attorney in case of medical incapacitation, spillobwe living will, designating guard8jys8etc.

My wife and I have a minor child for another 12 years, so we went all out on tightening things up. It costs right at $2,800.

BamaRefugee

(3,487 posts)
13. Thanks folks. As far as getting a lawyer, not sure if that's gonna be considered
Thu Mar 19, 2020, 10:26 PM
Mar 2020

“Essential Travel” under California shut down order?

Ms. Toad

(34,086 posts)
18. You can probably find a lawyer who will do simple will by phone
Thu Mar 19, 2020, 11:39 PM
Mar 2020

Your local bar association may be able to give you a referral.

If you can't find an attorney, NOLO is a poor substitute - there's an art to these things. But it's better than nothing.

You'll likely need two witnesses (who aren't beneficiaries). That varies by state - but two disinterested witnesses over the age of 18 is pretty standard.

And, as noted above, the state generally doesn't get your money unless you don't have any living relatives (descendants, ancestors, same generation cousins, etc.)

TomSlick

(11,108 posts)
14. To respond directly to your post:
Thu Mar 19, 2020, 10:34 PM
Mar 2020

1. The government rarely gets someone's money if they die intestate - without a will. Escheat only occurs if no heirs can be identified - and that is really rare.

2. If you don't have a will, your state's statutes have essentially written a will for you. If you don't have a will, your estate will go to your heirs - your parents, siblings (or their children), or more remote family.

3. I encourage clients with no spouse or children to consider leaving their estate to their favorite charity(ies). Leaving your estate to charities requires a will. It will give you and your lawyer a warm-and-fuzzy feeling.






PJMcK

(22,047 posts)
16. Get a lawyer
Thu Mar 19, 2020, 10:45 PM
Mar 2020

They're not expensive, (unless you're rich and then you could afford them!).

Importantly, they'll cover your ass.

Pay the pro and you'll get the right results.

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