How complicated is their holdings? If you want specific items to go to specific people ( & do name a backup), label it, and videotape or photograph and send to executor, friend not in the will, a friend who is an attorney.
All documents and video, photos, etc need 2 witnesses not on the will and signed by a notary public.
Small estate: R had his father add him to the deed/title of property & recorded it. He was told to split things 5ways, which he did. Used a law firm to document it so he did not pay tax on other peoples money. I suggest a small firm. If case gets bounced around you get chargef for getting each person up to speed.
My father had a larger estate, close to the boarderline of what got taxed and what did not. He spent "a small fortune" writing air tight trusts. This covered homes, bank accounts, big personal items. He did not sweat the small stuff - personal property. That tore the family apart as the executor was not fair nor followed his wishes. Papers did not allow us to sue executor, would have jad to get states attorney to get her on law violations. So be detailed.
The big money was in IRAs Tbey broke up the IRAs into 2 accounts per child, named each child benficiary on 2. All had same value. This was simple and cost nothing. Only problem was 10 years layer Congress chamged the law and inherited IRA ( one you put no money in) can go to creditors in a bankruptcy - not protected for our retirement like he intended. Signed, Lawyers daughter
A friend from work had her husband do one of those online wills, etc., when he was diagnosed with brain cancer. Most of the medical forms were fine. But now that she has to try to deal with the will, because it was not done by a lawyer and all the notorizations, etc, she is having to jump through a lot of extra hoops. Today she told all of us to skip the free online wills, get an attorney to write it up.
Maybe I should have said Trust. She says after you fill it out havebyourvl attorney check it out if you like. However i did not know medicaid specific I was lookingbat other answers given.
Medicaid, though a federal benefit, is administered by each state, as are other programs related to senior planning. Issues with Medicaid qualification can even vary county by county. Online or purchasable CD's don't address variances in state, much less county by county. You not only don't know what you don't know, but you can't correct it after you die. Suze Ormen is not a good source for legal advice.
James---Good advice. I am a home health aide and one of my patients advised me also that a Revocable Living Trust is best. She did an Irrevocable and regrets it now.
Although it is indeed possible to use an online will service, the problem is that you don't know what you don't know. Often a seemingly minor issue may require a complex solution that only an attorney with knowledge of estate planning can solve via a carefully drafted will. A straightforward basic will should not cost that much ($100-$500), and you can get your powers of attorney, health care powers of attorney, and living will--all documents sometimes even more important that your will--done at the same time.
I always thought it funny that people will seek out free legal documents or advice but never free plumbing work in their house!
A DIY will is better than dying intestate. Go to the nearest office supply store, buy a will form, and get your loved one to sign it in the presence of witnesses and a notary. Do not let the perfect become the enemy of the good.
CharlieP, here is an excellent article regarding Elder Law Attorneys... keep scrolling even if you come to an ad, there is more to the article below those ads.
I agree with the folks who think this is not a good idea. I find most often in life, you get what you pay for and you should find an attorney that specializes in elder law. One wrong word, one ambiguous detail, can spell disaster. Call around to these attorney's to get an idea of cost. It may sound expensive but the cost of risking having it done incorrectly will be a far higher price, not to mention added friction between family members. You want airtight and crystal clear. Once you have decided to bite the bullet and have an attorney do it, many will accept credit cards so it is not something you have to pay all at once. One more thing, check lawyer backgrounds and see if they have good reviews, just because they are an attorney, doesn't neccessarily mean they are fabulous. Shop around, get costs, then proceed with the one you feel is right. One last thing to know is that if you ever want to ammend it, that costs money as well. Do not go for freebies here, too much to risk.
A do it your self is a bad idea. Find an attorney to help you with the documents. Ask them about a Revocable Living Trust. That will help you while you are alive and your heirs after you die. Take Control of Your Future.
The NY Bar Association has a program for elderly and fixed-income people who want to do their wills, POAs, Living Wills, and Health Care Proxies. Call the Bar and ask about it. I got my mother's documents done for free because she fell into their income range and was over 65 at the time.
As far as a will goes, you can do a hand written will and sign it, print sign and date it and it will cover you until you get the one you want! Blessings!
Before the time comes, Downsize, Any property have named a beneficiary and/or charity (name backup in the event first choice beneficiary passes). Have funeral wishes made. If have credit cards, close and pay off, for ones that are left get credit card insurance. Write this all down and leave in a safe place, that way when death comes, everything should go along smoothly and more time can be focused remembering loved one.
Often Legal Aid will offer a free workshop or service. People often make their own wills using attempt to create their own Wills and fail miserably. Huge mistakes are made even when using a form. Often Wills are not properly signed or witnessed resulting in invalidity or disinheritance. In short, you will sleep better if you get an attorney's help. You also might be unaware of other documents you need.
All documents and video, photos, etc need 2 witnesses not on the will and signed by a notary public.
Small estate: R had his father add him to the deed/title of property & recorded it. He was told to split things 5ways, which he did. Used a law firm to document it so he did not pay tax on other peoples money. I suggest a small firm. If case gets bounced around you get chargef for getting each person up to speed.
My father had a larger estate, close to the boarderline of what got taxed and what did not. He spent "a small fortune" writing air tight trusts. This covered homes, bank accounts, big personal items. He did not sweat the small stuff - personal property. That tore the family apart as the executor was not fair nor followed his wishes. Papers did not allow us to sue executor, would have jad to get states attorney to get her on law violations. So be detailed.
The big money was in IRAs
Tbey broke up the IRAs into 2 accounts per child, named each child benficiary on 2. All had same value. This was simple and cost nothing. Only problem was 10 years layer Congress chamged the law and inherited IRA ( one you put no money in) can go to creditors in a bankruptcy - not protected for our retirement like he intended.
Signed, Lawyers daughter
My parents s
She says after you fill it out havebyourvl attorney check it out if you like. However i did not know medicaid specific I was lookingbat other answers given.
Will CD.
I always thought it funny that people will seek out free legal documents or advice but never free plumbing work in their house!
www.agingcare.com/local/elder-law-attorneys
Do not go for freebies here, too much to risk.
If one cannot afford an attorney or there isn't a Legal Aid branch in your area, Legal Zoom could be a good next choice, but I have never used them.
Blessings!