Best option for a simple living will?

September 17, 2018, 10:16 AM

Brett B

I need to put together a simple living will. I am married, we have one child, and we are all in good health. If anything unexpected happened to me, my wife, or both of us, my goal is to spell out the following sufficiently enough to avoid the mess of probate court:

Who takes care of our son.
Who gets our stuff.
Who gets any insurance payouts.
What to do in case of long-term medical disability like a coma.

Is Quicken Willmaker sufficient for this or is there a better option? I don’t know any trusted local attorneys who work in this area, and don’t think I need anything that complex for now anyway.

September 17, 2018, 10:38 AM

jhe888

Hire a lawyer. I don't know what you mean by a "living will." Usually that term refers to a document that tells doctors how to treat you if you require life-sustaining treatment but may not ever actually recover. It generally doesn't refer to a document that disposes of your property.

You need medical powers of attorney or advance directives to physicians. Or both. Different states do different things.

You need a will.

You may need a general power of attorney.

You can't usually "will" children - in other words, it is hard, in advance, to direct what will happen to your children if both of you die.

Insurance is not part of your estate so wills and will-like documents don't matter in insurance policies.

You probably can't avoid probate, but a clear will will make it simpler. And cheaper. A non-existent, messy, or incomplete will can make it harder.

Hire a lawyer. Several of your comments illustrate that you, like almost everyone, don't really know what you need, and what does what. Insta-will doesn't know what you need either - it will only generate what you ask for. If you could use a will generating program with complete confidence, you'd have a law degree and experience with wills.

A lawyer can generate the documents you need for under $1000. Maybe $1500. Any savings from using Insta-will be instantly negated if, upon your death, it turns out that you didn't do the right thing. Ask your friends who did their wills to find a lawyer. It doesn't take Oliver Wendell Holmes to do simple wills - anyone who does wills in your town can handle this.

But, in fairness, if you do it yourself, and screw it up, it won't affect you one little bit. Because you'll be dead. But it can make it a lot harder on your executor and heirs.

I am a lawyer. I wouldn't do my own will, as I have little knowledge on the law of wills. Hire an expert.

September 17, 2018, 11:02 AM

JDSigManiac

quote:
Originally posted by jhe888:
Hire a lawyer. I don't know what you mean by a "living will." Usually that term refers to a document that tells doctors how to treat you if you require life-sustaining treatment but may not ever actually recover. It generally doesn't refer to a document that disposes of your property.

You need medical powers of attorney or advance directives to physicians. Or both. Different states do different things.

You need a will.

You may need a general power of attorney.

You can't usually "will" children - in other words, it is hard, in advance, to direct what will happen to your children if both of you die.

Insurance is not part of your estate so wills and will-like documents don't matter in insurance policies.

You probably can't avoid probate, but a clear will will make it simpler. And cheaper. A non-existent, messy, or incomplete will can make it harder.

Hire a lawyer. Several of your comments illustrate that you, like almost everyone, don't really know what you need, and what does what. Insta-will doesn't know what you need either - it will only generate what you ask for. If you could use a will generating program with complete confidence, you'd have a law degree and experience with wills.

A lawyer can generate the documents you need for under $1000. Maybe $1500. Any savings from using Insta-will be instantly negated if, upon your death, it turns out that you didn't do the right thing. Ask your friends who did their wills to find a lawyer. It doesn't take Oliver Wendell Holmes to do simple wills - anyone who does wills in your town can handle this.

But, in fairness, if you do it yourself, and screw it up, it won't affect you one little bit. Because you'll be dead. But it can make it a lot harder on your executor and heirs.

I am a lawyer. I wouldn't do my own will, as I have little knowledge on the law of wills. Hire an expert.

This +1000. Sound advice. I too am an attorney and wont do my own.

September 17, 2018, 11:14 AM

jhe888

And, as to "form" legal documents - I have seen laymen fill in the blanks in ways that are virtually inexplicable. So, it is possible, and even likely, that the use of a form document will still generate something that is useless or even worse.

I don't mean to impugn your intelligence, but this is a unknown unknown to non-experts. You don't even know what you don't know about wills and probate. Wills are an area of law where the technicalities and rules are really important. The details matter.

September 17, 2018, 12:16 PM

ZSMICHAEL

I am not a lawyer, but I hired one to complete this task. He also prepared DNR and DNI documents. It took two visits and cost under one thousand.

This is not the place to save a few bucks. Of course, you will be dead so who cares.

Washing your own car and cutting your own lawn are things you can do yourself.

September 17, 2018, 12:48 PM

220-9er

The lawyers here know more about this than I do so I'd listen to them and go see one in your area. maybe check with friends for a referral if you don't know one.

A living will, as I understand it, and healthcare power of attorney are documents to appoint others to make decisions if you are incapacitated or otherwise unable to make decisions for yourself. My wife and I have each other appointed for those decisions and other family members if we were both incapacitated at the same time. Be sure to discuss your wishes ahead of time with those you appoint for this.

September 17, 2018, 12:56 PM

Aeteocles

I am a lawyer. I used to create these types of documents for clients some 10 years ago.

Even though I understood this area of law well enough to provide guidance to others 10 years ago, even I will not write my own will or trust documents today.

My recommendation isn't just to find a lawyer, but to find a lawyer that does estate planning as his main line of work. It's like finding a good drywall guy--it's not particularly difficult work, but the guy that makes a living doing it gets it done faster, cheaper, and with less of a mess.

September 17, 2018, 01:24 PM

46and2

quote:
Originally posted by jhe888:
I don't mean to impugn your intelligence, but this is a unknown unknown to non-experts. You don't even know what you don't know about wills and probate. Wills are an area of law where the technicalities and rules are really important. The details matter.

Donald Rumsfeld said it well:

quote:
There are known knowns; there are things we know we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But there are also unknown unknowns — the ones we don't know we don't know.

September 17, 2018, 06:35 PM

BurtonRW

What jhe888 said.

Do not use DIY anything. You don’t know what you’re doing and the folks who wrote the DIY stuff also don’t know what you’re doing.

I haven’t done a set of E&T docs in over five years. Wouldn’t touch them myself without a lot of CE now based on the frequency with which little things can change. My knowledge is likely out of date on something.

-Rob

September 17, 2018, 07:05 PM

Chris42

Another vote for getting professional advice.

You can still keep it simple though. My fathers will was one page (he died in ‘09). Basically it said “split equally between the 4 children”

You could say “Everything to the wife”.

Some Details can be separate and understood between you and your wife - ie, who gets your collection, where you get buried (or cremated).

Power of attorney - required, get one for both of you. Lawyer can explain why.

September 17, 2018, 07:06 PM

229DAK

quote:
Originally posted by Brett B:
I need to put together a simple living will. I am married, we have one child:

Who takes care of our son.

...and don’t think I need anything that complex for now anyway.

You have a son. That complicates things, IMO.

Besides who takes care of your son, are you going to provide money to that person to take care of him? How will you do that? Do you want to set up a trust for him when he is older?

Please listen to the lawyers on the Forum. Seek out a qualified and reputable lawyer.

September 17, 2018, 07:12 PM

Rey HRH

quote:
Originally posted by Aeteocles:
I am a lawyer. I used to create these types of documents for clients some 10 years ago.

Even though I understood this area of law well enough to provide guidance to others 10 years ago, even I will not write my own will or trust documents today.

My recommendation isn't just to find a lawyer, but to find a lawyer that does estate planning as his main line of work. It's like finding a good drywall guy--it's not particularly difficult work, but the guy that makes a living doing it gets it done faster, cheaper, and with less of a mess.

That's plain gold.

"It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946.

September 18, 2018, 07:13 AM

henryaz

I hired a local lawyer who does thie type of work. He has a package deal for Advance Directives that includes the big four: Health Care POA, Durable POA, living will, and will. IIRC, it cost in the neighborhood of $300, and included everything. There was no extra billing by the minute. It was a package price. I then made plenty of copies of the Health Care POA and Living Will. Every health care provider will want those in your file. It is a good idea to have them already on record with them, if you have them. Minimal cost for the copies, and just take a set whenever you go to a new provider.

September 18, 2018, 07:21 AM

911Boss

For simple matters, I have used rocketlawyer.com

It is set up as a monthly subscription service, but offers a free trial period.

I got all my info together, signed up, then did Will, Power of Attorney, Medical Directive for my wife and I and promptly cancelled before the trial period ended.

Mind you, may not be adequate for complicated situations but we are empty-nesters without a lot of complicating factors. Checking, savings, and retirement accounts, personal possessions and a house with a mortgage.

I die first, she gets everything. She dies first, I get everything. We die together, kids split everything.

Bank notarized it all for free

Can’t see paying anyone more than $75 to write that all up.