My elder sibling is pressing me to have a will made up.

And I have a question.

And as I don't have the $1,400.00 to go to a lawyer , I thought I would ask here.

For websites that might offer wills to read,
I guess as long as it is signed ,witnessed and notarized. I am good to go.

I got nothing that anyone I know ,wants. But I am mentioned in a trust. That needs to be addressed.

I must not be googling correctly, as all that comes up is offers of services.

It depends by state. In California, lawyer said to not get it notarized. In Arizona, I needed to get it notarized.

It shouldn't cost $1,400 for a lawyer; you should be able to get one done by a lawyer for $400. You can also go to the non-lawyer websites to get a will legitimate for your state for a lot less.

Please be sure to spell my name correctly.

Try 12law.com and pick Illinois.

Valid forms for wills are state specific. I really don’t know if you can trust any of the online will companies.

For example, in Louisiana a will can be entirely hand written, dated, and signed, and that is a valid form. Type it up and sign it, not valid. Type it up and sign it and have it notarized, still not valid. VERY specific requirements for other forms.

If you have limited income and can’t afford a full price attorney, I suggest contacting your state or local bar association, as they typically have lists of lawyers willing to do “pro bono” work at no charge. Some places have legal clinics where law students do work under the supervision of a licensed attorney.

+1 on contacting the state bar. It’s a pretty common form of pro bono work.

In TX, one of the only ways to have an invalid will, is to buy a form.

It shouldn’t cost $1400, for most people’s wills.

(Assets in multiple states, estate tax planning, trusts etc can run up high fees)

You in effect already have a will, the one that your state uses as a default if you don't create your own.

Your will needs to meet whatever your state mandates, so it is not something to cheap out on. I am skeptical of the online products, but those would be better than completely makings something up without guidance. A local lawyer should be able to do a very simple document for not much money.

They key is to have all the information the lawyer might possibly need when you go for the meeting. Neatly typed up, with as much detail as reasonably possible. People's names, birthdates, social security numbers (optional but possibly helpful), addresses, estimated current value of your assets, and thoughts on specific bequeaths.

For a small estate the probate process should be very simple for your executor. In my state I think that number is $50k or $100k, so any estate valued below that is super simple. Thus a very simple will is probably good enough.

Be as specific as possible with bequeaths to make things easy for your executor. e.g. your buddy Joe gets your tool box with all your hand tools, your sister gets all the family heirloom china and silverware, and your brother gets your baseball card collection.

I know in some places you would be better putting those specific things in a letter of instruction rather than in the will itself.

Verbal promises are a really bad idea. People will say they were promised things that other people thought they would get. I have found this is a big problem with sentimental things like old family photos or grandma's wedding ring even though there is no monetary value involved. Sometimes it makes sense to pass these things on sooner unless you get joy out of keeping them.

Be aware that only the original ink-signed will is accepted by the court. Photo copies are not acceptable even if nobody has any argument with what the photocopy says. My original documents are in my fire-proof safe, and all my kids know where it is and how to open it. We have had problems with finding wills when the person's lawyer was supposed to have it in their vault but then didn't (or the lawyer had retired and the files were all destroyed!!).

The court will use the most recent ink-signed original will. That means if the ink-signed original of your new will cannot be found after your death but an old out of date prior version is found, the old version will be used. So be sure old versions are destroyed or you write on them that they are superseded by a new will.

Access to your home might be cut off at your passing, since others may not have the legal right to enter without court order. You might want to have your executor keep your will rather than you keep it. This would be something to ask a local lawyer about. The police were involved in my father's passing and they sealed his apartment, which was a big pain for me to deal with. (A lot of times the family may have access, though perhaps not fully legally).

I'd ask friends for references and also go to your local Probate judge to see if someone there could point you to the right direction.

Unless you have a complex situation or a lot of assets, you may or may not need a will.
What you do need is to appoint someone trustworthy to make decisions for you if you are incapacitated to deal with medical and financial issues. Things like Healthcare POA for example.

Some things, like insurance policies, retirement accounts or property may be outside of probate and determined by designated beneficiary.
The specifics of how this is handled vary by state.

This shouldn't be more than a few hundred dollars unless there's something you aren't mentioning, and I wouldn't use a do it yourself online version.

Since your in Illinois, I'd consider a trust vs a will. You control the trust and there is no probate, but there can be with just a will. Email me and I can put you in touch with a lawyer that specializes in trusts. He gives a free consultation btw.

quote:

Originally posted by 220-9er:
also go to your local Probate judge to see if someone there could point you to the right direction.

Don't waste your time. If your state is anything like mine (and I assume the rules of judicial conduct are likely going to be quite similar across the country), judges and their staff are prohibited from endorsing or recommending one attorney over another, as well as from providing legal advice.

If the probate judge was your good buddy, then they might privately point you in the right direction. But otherwise, they or their staff are not going to give advice or attorney recommendations to some stranger who just walks in off the street and inquires. You'll just get a generic response like "You should consult with an attorney..."

A holographic will (hand-written) can be acceptable to a probate judge, no need for witnesses or notaries, or even calling it "a will." My sister kept a journal in which she noted her thoughts on passing on (very much in her mind having lost her husband and mother the year before she died, and with serious diagnosed health problems of her own), the CA probate court accepted this as a holographic will. The biggest problem was figuring out who should get what, she named several explicit bequests, was vague about others, and also mentioned several people and organizations in the journal that she admired, but didn't call out for gifts. Some of these were quite annoyed with being "cut out," and this required some involvement of the court, and legal fees to the estate. Laws differ in each State, sometimes greatly. As executor, my job would have been easier if she had died intestate and CA laws determined who got what.

Lessons learned:

1) Make sure you understand the probate process in the State in which you live.
2) Don't die anywhere else, especially in California
3) Be very explicit, don't include names for sentimental reasons if you don't want the document challenged.
4) Don't discuss your estate plan with others in casual conversation, especially if they are named in the will.

Obviously, these won't make any difference to you, but it sure would make your executor a lot more comfortable.

HRH is right. $1400 is ridiculous. Unless you have a super complicated estate, it should be about $400+/-. I paid $375 about 6 years ago and that included a power of attorney and health care directive. If it was much more than that, I would have said, "Screw it. I'm gonna be dead anyway."

quote:

Originally posted by V-Tail:
Please be sure to spell my name correctly.

That's not right but I laughed anyway.
When I got sick my brother helped me with online forms. IDK, I'm going to get an attorney to make some changes, so I'm glad to know it should only cost four or five hundred bucks.
Does any attorney do this, should I find one who does a lot of these? Call the Bar Association and ask for a reference?

quote:

Originally posted by Klusk2:
Since your in Illinois, I'd consider a trust vs a will.

I am a huge proponent of trusts, but they do cost more than a will. In some situations such as a second marriage with children from previous marriages, a trust is imho required. Also if there are special circumstances such as a disabled heir, an addict heir, or a minor.

quote:

Originally posted by architect:

2) Don't die anywhere else, especially in California
3) Be very explicit, don't include names for sentimental reasons if you don't want the document challenged.

2) Don't die in NY! It has been a nightmare process for me and has drained the remaining assets due to complete court lack of action. Seriously, any elderly person should move out of NY before death.

3) Yes, be completely explicit and transparent about everything. Naming one's children but not specifically excluding other children can lead to challenges. e.g. "My children are FlySigJr and GirlSig", then later stating "Everything goes to my children". This can lead to another child challenging the will. A teen pregnancy adopted out decades ago, a child from a previous marriage, or even a faker could show up wanting their share.

It's sounding like my tiny town lawyer quoted me a silly number because he didn't want to mess with my insignificant , paltry document.

Good info, glad I decided to ask here.

I will just say you do need one. Good for your sibling to encourage you to get one.
I am guessing about 70% of the members here most likely don't have one. Which is a really bad thing.

quote:

Originally posted by architect:
A holographic will (hand-written) can be acceptable to a probate judge, no need for witnesses or notaries, or even calling it "a will." My sister kept a journal in which she noted …

This is simply not correct and a very bad and dangerous statement to make. As I (and others) previously stated, wills are very state specific as to what is required. A blanket statement such as this is misleading. A quick google search reveals that about half of the states accept some form of hand written will, and half do not. Illinois, which is listed as the OP’s residence, does not. And even if google said it did, I wouldn’t trust that.

One other thing that hasn’t been mentioned- generally a will is probated where a person lives or dies, but if you own real estate in a different state, it may have to be probated in that state, or at least the form of will used likely must be valid in that state.

Now I feel compelled to state that I am not your lawyer and this is not to be considered legal advice to you. Just stating some general information to support why you should should seek legal advice where you live.

quote:

Originally posted by V-Tail:
Please be sure to spell my name correctly.

Ha !!!

You can find forms on nolo.com; or buy their book about simple wills, which will give you a lot of legal details that are good to know.

I have no advice on this, but I recently became a notary in AZ and will offer my services free of charge to any SF member. I really just did it to help my insurance customers out with their paperwork. I'm in the Phoenix area.