Is every attorney competant to do a will? I don't know any.
House is paid off, two 401k's, plenty of cash in a saving account.
If I keel over tomorrow I don't know how my son would access my money.
Just look at the yellow pages and pick one? Any advice?

If you know anybody word of mouth is good. We picked one out of the phone book. He was ok but there certainly had to be better. So I am not keen on that idea.

Bombastic Buskin @ Dewey Cheatem & Howe Law Firm
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Simple family situation or a complex blended family? Sounds like you have a son but thought I'd check and not just assume.
That (blended family) makes it a lot more important in most cases.
Lots of issues are state specific too.
Where I live your home can be titled with a survivorship deed as can most personal property (cars, boats, etc.) That property passes to the survivor and becomes their property at the present market value, outside of probate.
That's important because a large run up in your home value doesn't incur a big capital gains tax bill. Many accounts can also be done that way and don't forget what happens if you become incapacitated but still alive. Someone will need to handle those issues for you.
If you have friends with a high net worth, I'd ask them as they are more likely to know who's good and who's not so good in your area. THe phone book and other methods are very hit and miss and this is important to get right.
You won't be there to correct any errors.

My wife and I used our friend who is our family attorney to do our will. He does not specialize in wills however he was able to do ours.
Ours was the basic will, power of attorney, advanced directive and living will.

My mother who did hers went to an attorney who does estate planning after my father died. She had to have specific thing done after my father passed away that I think not all lawyers specialize in can do.

Having a will done correctly will make settling your estate after you pass much easier for the person you designate to distribute your assets.

Talk to friends or co workers to see if they know any attorneys that do what you need done.
Look at any associations you may belong to that may offer the services of an attorney as part of your membership, thing like the NRA.
A friend was a union teamster and part of their benefits was the use of an attorney for just this kind of thing.

Maybe start by asking friends and family if they have a will and or trust,and who they used?

quote:

Originally posted by OKCGene:
Bombastic Buskin @ Dewey Cheatem & Howe Law Firm
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LOL that's clever!

Simple wills, without owning a businesses and not of the value that will trigger estate taxes or having previous spouses or other complicated family things can usually be handled by most any attorney that specializes in family law. When we had ours done a few years back, we just googled for such lawyers in our area. He did a good job and wasn't too expensive. They should also do the other important documents you need like HIPPA Release, Declaration of Guardian, Medical Power of Attorney, Directive to Physicians and Family or surrogates, Statutory Durable Power of Attorney, and Memorandum regarding personal property. The lawyer should take the time to discuss and inform you about these additional documents.

Don't shop based on price and don't get sticker shock when quoted a price. $800 - $1000 is the going price for a simple will in these parts. If you're doing two, (yours and wife's) there is usually a better per will price.

The actual lawyers on SF, can probably give you a more detailed explanation, as I'm going from my one experience for my situation.

Recommend putting your son (or whomever you want to have access to your money) as a beneficiary on all your bank/financial accounts (checking, savings, 401(k), etc.). That way the accounts should avoid probate (ask a lawyer in your state). You can do the same with real estate; do beneficiary deeds. You might consider trusts as well. The main thing is to discuss options with an attorney who specializes in wills, trusts, et cetera.

ETA: A beneficiary on an account can’t access the funds until your death; it’s not the same as adding them as an actor on your accounts (e.g., co-owner, joint owner, etc.)

My parents added me to all their accounts. I don’t ever use them but if they both get smushed by a tree, I can get money for funerals, I am also in their trust for all their property. They went to an attorney and created the trust to avoid some of the pitfalls of going thru probate.

You should DEFINITELY talk to an attorney, you don’t want the state deciding what to do with your estate after you are gone.

Attorneys specialize just like Doctors, a criminal defense lawyer may, may have an idea of the basics to write a will, but will not be proficient as a lawyer who’s specialized in estates and trusts or elder law. Just like a GYN doc will know a tumor but isn’t versed in colon cancer like an oncologist. Call your local Bar association they refer people by specialty.

quote:

Originally posted by spunk639:
Attorneys specialize just like Doctors, a criminal defense lawyer may, may have an idea of the basics to write a will, but will not be proficient as a lawyer who’s specialized in estates and trusts or elder law. Just like a GYN doc will know a tumor but isn’t versed in colon cancer like an oncologist. Call your local Bar association they refer people by specialty.

Thank you. I will do that.

If you do talk to a lawyer, ask about other alternatives. A trust is the most common.

Also, as someone else mentioned, be sure to address healthcare and financial matters in the event you are alive but incapacitated.

Everything I have except my house and my cars is P.O.D. and that's all financial stuff.

The house and the cars are in the will but since I'm leaving them to charitable organizations, I didn't do a trust.

Simple will shouldn't be too expensive. Shop around a bit. Some lawyers charge a terrible premium for even simple documents, others do not. For example, one lawyer I know near me charges $2500 for Will, Power of Attorney, Living Will, and Healthcare Surrogate. Another charges $500 for the whole package, and they are equivalent in quality and knowledge.

It is important that you have all of these documents, however, or your son may need court authorization to act on your behalf.

Do NOT do these on your own or through downloaded forms. If there is any little mistake, missed formality, or screwed up technicality, the documents may be invalid, and your son may find himself in a real bind if he needs to act quickly on your behalf.

I am going through this process right now with my mother, and I can't stress strongly enough, get it done!

The best way for you depends on your situation. Find an attorney that specializes in estate planning and is well regarded.

As mentioned, a revocable living trust can save a lot of aggravation and cost. Avoiding probate is a good thing. Ask the estate planning attorney you select if this is appropriate for you.

Before you sit down with the attorney, sit down by yourself, or with your spouse as appropriate, and list all your assets and decide, or agree, where/to whom you want them to go. The time to figure out or agree that stuff is not while the meter is running on the lawyer. Decide what you want, write it down, then go see the lawyer.

It is lot less of their time if you show up and say, “This is what I want to happen, what’s the best way to accomplish that?” than if you are doing it on the fly in their office.

They may have suggestions (depending on your heirs’ age/maturity, give some things outright and some in trust, or other thoughts) and optimizations (maybe give some assets before you pass to reduce the size of your estate and get to watch the heirs enjoy them, etc) and you’ll probably benefit from considering their advice, but you can save time and money by doing some homework first.

Good luck!

I would look for a wills and estates specialist. Some generalists will do wills, but will specialists shouldn't be hard to find. Simple wills shouldn't exceed $1000, including related documents. Maybe less.

I went to my family attorney and paid him 700 dollars to do it for me. Do not try to avoid probate. Its there to protect whoever you name as executor of your estate should any suits be filed against the estate.

It's been mentioned, I'll reiterate, find a specialist. Trust might be a better choice with a "pour over" will. The money spent will save heartache and time down the road.

Our attorney did a will, POA, medical POA, & some weird TX thing assigning who does what with your body for both of us and it was about $800.