Should one use a lawyer for a will?

Lefty · #1 02-12-2011, 01:14 PM

I saw a will kit for 30 bucks. Are the will kits a good deal or should a person go through a lawyer for a will?

pseelk · #2 02-12-2011, 01:29 PM

Quote:

Originally Posted by Lefty

I saw a will kit for 30 bucks. Are the will kits a good deal or should a person go through a lawyer for a will?

I used a lawyer,Found out things I never would have known otherwise.Your will is a pretty important thing,Better to use a lawyer and have it done right and avoid problems for your loved ones in the event of your untimely demise.

JohninAB · #3 02-12-2011, 01:32 PM

For the $250 it cost me, lawyer all the way. Lots of stuff to consider and their advice and help is well worth it.

lone wolf · #4 02-12-2011, 01:32 PM

Quote:

Originally Posted by Lefty

I saw a will kit for 30 bucks. Are the will kits a good deal or should a person go through a lawyer for a will?

I would definitely spend the money for a lawyer, to cover all the bases and to make sure it was done properly,

Pudelpointer · #5 02-12-2011, 02:31 PM

Being cheap at heart I never used a lawyer for anything unless it was required (i.e. home purchase, etc.), up until recently that is. In the last year and a bit I have watched family and friends get embroiled in contract/business disputes, contested wills, and some things that should have been pretty straight forward - but were not.

My personal opinion right now is that good legal advice is worth its weight in gold. Chances are you don't NEED it, but if things go sideways you will be glad you spent the money.

just_dave · #6 02-12-2011, 02:34 PM

Lawyer all the way. My lawyer calls me just to see wassup.

BeerSlayer1 · #7 02-12-2011, 02:40 PM

.........and have your financial advisor have a look at your will as he may have some suggestions about how to minimize or eliminate probate fees if (when) you die.

Personally, I plan on living forever....................so far so good.

Selkirk · #8 02-12-2011, 03:09 PM

Quote:

Originally Posted by Lefty

I saw a will kit for 30 bucks. Are the will kits a good deal or should a person go through a lawyer for a will?

Hey Lefty

You're getting some good advice here. A will is far too important ... go with a lawyer and get it done right. Some of those will kits aren't worth the paper they're writtin on.

Consider asking your lawyer to give you the Full-Meal-Deal ... a 'Will', a 'Personal Directive', 'Power of Attorney', and a 'Living Will'.

And BeerSayer's suggestion about a financial advisor is also a good one!

TF

sparky660 · #9 02-12-2011, 03:37 PM

Quote:

Originally Posted by BeerSlayer1

.........and have your financial advisor have a look at your will as he may have some suggestions about how to minimize or eliminate probate fees if (when) you die.

Personally, I plan on living forever....................so far so good.

That is some great advise that most don't think of. My wife is a financial advisor so I have a bit of a handle on how investing properly can save your loved ones from paying a lot of unneeded taxes.

HunterDave · #10 02-12-2011, 04:26 PM

No lawyer here, just an up to date will. My estate is not complicated enough to warrant paying for a lawyer. Everything goes to my wife and in the event that both of us should go together then my daughter gets everything. If there's more than one child then I'd go lawyer all of the way. You should also delegate an executor in your will if things need to be divided up.

pseelk · #11 02-12-2011, 04:37 PM

Quote:

Originally Posted by HunterDave

No lawyer here, just an up to date will. My estate is not complicated enough to warrant paying for a lawyer. Everything goes to my wife and in the event that both of us should go together then my daughter gets everything. If there's more than one child then I'd go lawyer all of the way. You should also delegate an executor in your will if things need to be divided up.

This only works if everything is in both of your names inluding anything that is registered ,ie viehcles, trailers ,campers, motorcycles otherwise the will may have to still be probated to the tune of about 2500.00.Just found this out from my financial adviser yesterday and we had our wills set the same as you.

oilngas · #12 02-12-2011, 05:13 PM

It depends on the estate, if you have nothing ( and i really mean nothing as assets) then by all means go with the will kit.

BUT if you have any estate >$2.00 then you need to spend the $ on a lawyer, they can and are your best friend and ally. If it is done with a Lawyer then a you will get the results you want. being as your on this forum you will likley have request for guns, boat, fishing stuff, decoys gear etc. you get the idea. In addition a will can save endless squable amongt the living.

HunterDave · #13 02-12-2011, 08:45 PM

Your will only states who gets what and names an executor for the will. It has nothing to do with whether or not your will needs to be probated. It's what you do while you are alive that determines whether or not your will needs to be probated upon your death. If your large possessions (ie House, property, vehicles, bank accounts, etc) are jointly owned and you were leaving everything to that person then there would be no requirement to have your will probated. Paying a lawyer to prepare your will won't help you in that regards.

harrydude · #14 02-12-2011, 09:59 PM

spend it all

take it all with you

leave it to your favorite charity

money will seperate your family it always does

and a will can be on any paper with a witness that is not a benificery

but a lawyer is a good way to go

Coulee · #15 02-12-2011, 11:00 PM

Get a damn lawyer.

bsnyder · #16 02-13-2011, 08:12 AM

Quote:

Originally Posted by Coulee

Get a damn lawyer.

I agree!! We had a mixed marrage and wanted everything organized so no fighting.
David McGreer in Saint Albert is the best, great guy and reasonable

Kev · #17 02-13-2011, 08:24 AM

The one nice thing our lawyer did was structure it so very few things would trigger a rewrite. She built in contingencies for all sorts of stuff I woulnd't have thought of otherwise, that I would have had to rewrite with the DIY versions. It was $400 for my wife and I.

eastcoast · #18 02-13-2011, 08:50 AM

I don't have a will yet anyways,hard to fight over bills anyways most people don't want them,I am married with no children so my wife automatically gets everything anyways and that's the way I want it,but eventually I will get one and probably use a lawyer.

hayseed · #19 02-13-2011, 09:22 AM

Quote:

Originally Posted by eastcoast

I don't have a will yet anyways,hard to fight over bills anyways most people don't want them,I am married with no children so my wife automatically gets everything anyways and that's the way I want it,but eventually I will get one and probably use a lawyer.

Nice thinking.... but what is going to happen...God forbid.. if something happens to both of you??

eastcoast · #20 02-13-2011, 09:38 AM

Quote:

Originally Posted by hayseed

Nice thinking.... but what is going to happen...God forbid.. if something happens to both of you??

someone will be left with a lot of bills and I will be dead.

hayseed · #21 02-13-2011, 10:24 AM

Yes... yes you will.

honda450 · #22 02-13-2011, 10:49 AM

Wow surprised ya can get a will done at a lawyer for $250, usually those theives rack ya over the coals.

My father did his own. Fairly easy one, just left everything to my mother. No complications whatsoever.

eastcoast · #23 02-13-2011, 11:56 AM

Quote:

Originally Posted by honda450

Wow surprised ya can get a will done at a lawyer for $250, usually those theives rack ya over the coals.

My father did his own. Fairly easy one, just left everything to my mother. No complications whatsoever.

far as I know that's the way it goes anyways,if you are married everything gets left to the surviving spouse.

Stonecutter · #24 02-13-2011, 12:23 PM

Currently going through this process myself. It costs $250 / will or $350 for the wife and I together. We have wee daughter at home... You want your instructions explicitly expressed...

winged1 · #25 02-13-2011, 02:27 PM

what you want to be cautious about using a lawyer, is that the results are simple language that an Executor(trix) can execute without relying on the lawyer interpreting thier own language.

Probate can be filed for by an individual without a lawyer.

my first consultation would be with a financial advisor. Not to prepare a will, but to plan your finances.

Photoplex · #26 02-13-2011, 10:29 PM

There are things you cheap out on, and things you don't.

This one fits into the latter category.

Selkirk · #27 02-13-2011, 11:31 PM

Quote:

Originally Posted by Lefty

I saw a will kit for 30 bucks. Are the will kits a good deal or should a person go through a lawyer for a will?

Hmmm, it's been well over a day now, and we still haven't heard back from Lefty ^ ... guess he must have gone out and bought that $30 will kit

Quote:

Originally Posted by winged1

what you want to be cautious about using a lawyer, is that the results are simple language that an Executor(trix) can execute without relying on the lawyer interpreting thier own language . . .

Wills written in 'Legalese' have pretty much gone the way of the Dodo Bird. If a lawyer presents you with a rough draft of a will that is not written in 'Common Language', quietly get up and walk away.

TF

AndersonSkiTeam · #28 02-14-2011, 09:51 AM

I am one of those evil lawyers so I am sure I am somewhat partial but pay the lawyer

Prices for wills vary depending on complexity and firm but $200-400 is the common range in my area for a basic will. Based on the advice given by some on the thread who did their own will I think there could be issues. As lawyers we are ok with that though as we make a lot more money on contested wills than non contested

All that being said it is perfectly legal to do your own will and often things turn out fine. For me it is a simple cost benefit analysis. $200 for a will or $5,000+ after I die if things go sideways plus the possibility of ruined family relationships.

Lastly, I think it is funny how we all think the other guy takes advantage. I am building a house right now and am feeling that I am being taken advantage of by the trades. Being a farm boy I know how to do a few things on my own but I still hire someone to do something important to ensure it is done right.

westren · #29 02-14-2011, 01:39 PM

USE aGood Lawyer They know What they are Doing,,and the money will be well worth it....

solocam3 · #30 02-15-2011, 12:45 PM

As TriggerFinger said, get all three done up by a Lawyer, and Buy your funeral plot and Funeral as well. My Father passed away Nov 30 and my Mother followed on Dec 30 leaving me as Executor. They had everything done, Wills, Power of Attorney (Wealth), Personal Directive (Health) and their funerals were all paid for. What a blessing. Even so we are still not done with it all and I could not imagine how long it would take if they did not have any of this.