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  #1  
Old 02/05/09, 07:32 AM
 
Join Date: Sep 2005
Location: NE Ohio for a few more years
Posts: 246
I need to revise my will

does anyone know the best place to get do it yourself documents to do my own will?
it will be very simple--all my earthly goods to DH (we are not yet legally married), all his to me, then all to my son from whoever is left.
I see no reason to pay an attorney for this, do you.
thanks
martha
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  #2  
Old 02/05/09, 07:37 AM
Banned
 
Join Date: Sep 2002
Location: Dyersville, Iowa
Posts: 2,828
Here's a list of state specific wills or you can use the second link which is a free but basic last will & testament.

http://www.alllaw.com/forms/wills_and_trusts/states.asp

http://www.alllaw.com/forms/wills_an...ll_and_testam/
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  #3  
Old 02/05/09, 08:21 AM
blufford's Avatar  
Join Date: Nov 2004
Location: Delaware
Posts: 2,249
If you already have a will made, maybe a codicil would be more appropriate.

http://en.wikipedia.org/wiki/Codicil_(will)
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  #4  
Old 02/06/09, 10:16 AM
 
Join Date: Mar 2005
Location: Bartow County, GA
Posts: 6,779
Try a holographic will. Check with your state first to see if it's honored there.

It's handwritten. May have to be wittnessed.

If you have any relatives, distant or close, that may contest the will, you'll have to leave something to them so they can't contest it.
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  #5  
Old 02/06/09, 10:30 AM
texican's Avatar  
Join Date: Oct 2003
Location: Carthage, Texas
Posts: 12,261
Depends on your state...

Here, you can write it out, have it witnessed by two people, and it's a done deal. More 'iron clad' if you give a lawyer a couple hundred bucks, but it's the same document. Spend a few bucks and have it registered in the local county clerks office. (My attorney, former district judge, gave me this advice)
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  #6  
Old 02/06/09, 11:09 AM
 
Join Date: Sep 2006
Location: Central NC
Posts: 44
Nolo

If I remember correctly, Clark Howard recommends WillMaker from Nolo.com. The cost is approximately $40.
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  #7  
Old 02/06/09, 11:20 AM
 
Join Date: Jun 2002
Posts: 5,240
You might be surprised at how low cost it is to have a lawyer do a will. When we had ours done about 5 years ago, I think it cost about $60.00.

The lawyers already have the will template, and all they have to do is fill in your name, names of the beneficiaries, and any other pertinent information and print it out.

While being frugal is a good thing, doing a cheap do-it-yourself will could cause problems for the executor(s) of the will if anyone contests it. Why chance something as important as that?
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  #8  
Old 02/06/09, 11:51 AM
 
Join Date: Jun 2006
Location: Kentucky
Posts: 2,341
Do you want your executor to serve without bond? Are there people you specifically want to exclude? What about durable POA regarding health issues or healthcare surrogate? Not being legally married often complicates probate issues. It really is worth the small sum to see things are done correctly. I'm not legally married either & this opens up some significant loopholes others could use at the time when one needs extra problems the least.
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  #9  
Old 02/06/09, 03:31 PM
East Central MN
 
Join Date: Mar 2006
Location: MN
Posts: 607
Not to mention if you have large estates or life insurance how much do you want the Government to get? There's ways to protect that so it doesn't all go to taxes.
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  #10  
Old 02/06/09, 04:39 PM
In Remembrance
 
Join Date: May 2002
Posts: 6,844
The annotation in the will to exclude people is very important. Otherwise they can file to have the will changed in the probate process to include them. For example: "I specifically exclude my sister Mary Beth (Jameston) Benson from this will since I have previously given her renumberation in my lifetime".

At the advice of my attorney I also have the provision if anyone challenges the will, and loses, they are totally out of it - losing anything which may have been in the will to their behalf.

Unless your situation is 100% straight foreward, I recommond using an attoney to do the basic will. As noted above, you can do codicils (amendments to it) on your own. At least in TN, you just need to cite the original will working (or as amended) and then include your new wording. I am now on my 4th codicil to my will. In each codicil I include the changes from the previous one(s). I do my own codicils, having them witnessed and notorized at my local bank.
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  #11  
Old 02/06/09, 06:13 PM
 
Join Date: May 2003
Location: Zone 7
Posts: 10,560
You asked about Wills but I am going to add something. Being an Executor is a thankless job. I am the executor of an estate with 27 heirs. No one is happy. This is a large monetary estate. If I foul up it is a felony. I personally can be sued. A charity in the heir group has assigned an attorney. Several of the heirs have died and the executors of those estates are pushing for settlement. There are complications and restrictions of the estate property that was to be sold. I find it impossible to expedite anyone. all morning today was wasted waiting on a conference call from CPAs and Attorneys. I get phone calls daily from heirs. The large sum is sitting in one of the banks that has major problems. I want the money in the hands of the heirs. The probate office is constantly making request to cover their butt. I send out 27 certified letters. 25 are received. 25 people sign for the letters, I get back 22 receipts. I hand deliver the missing replacement letters. I have to go get affadavits from those whose signature receipt is missing. Meanwhile two more letters come from lawyers representing heirs wanting to know where the money is. A third letter comes from the charity wanting copies of all estate paperwork todate. I initially was going to do this out respect for the deceased for free. I have charged nothing to date and paid my small expenses out of pocket. What do you think my attitude is now? After this rant, let me make a suggestion. Acknowledge in the will not only the executor but define some compensation if it is nothing more than the statement usual and customary. The greedy heirs want it all and they want it now!
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  #12  
Old 02/06/09, 06:52 PM
 
Join Date: Jun 2006
Location: Kentucky
Posts: 2,341
My executor is well provided for. Like Agmantoo, I've been sole executor twice before and know how involved it can be. The only worse situation for me was when I was co-executor of an estate. Talk about a nightmare! Not being legally married only adds to the exposure of your estate.
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