I Need to Write A Will

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Sadie-Rose
Sadie-Rose Member Posts: 222
I Need to Write A Will

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  • Sadie-Rose
    Sadie-Rose Member Posts: 222
    edited January 2008

    Hi Everyone,

    I had a close call a couple of months ago when I had surgery.  I had blood clots move into my lungs.  I know I should have written a will years ago, but I never did.  I am wondering if any of you have advice for me as I prepare to write my will?  Are there special things I should think about to protect my family?

  • roseg
    roseg Member Posts: 3,133
    edited January 2008

    If you have minor or dependent children they to have guardians you trust.

    Why not go online and see if you can find some kind of guidance about writing a will? It's a huge step to go see a lawyer, but that's probably the best idea. Often they will help you draft a power of attorney, medical power of attorney and living will.

    Nobody wants to think of their last days, but it's better if you've said what kind of end of life care you want. Families don't always listen to what the person wants, but if you feel strongly about life support you need to get your wishes written down. 

  • lizws
    lizws Member Posts: 1,892
    edited January 2008

    Writing a will on your own isn't easy.  I do know they make kits you can purchase at most book stores. 

    You will need your full name, address, date of birth

    The full name and address of the person to have Power of Attorney (makes decisions and executes documents on your behalf)

    Full name and address of alternate power of attorney

    Full name of physician and address

    Spouses full name and address (if applicable)

    Full name and address of your Personal representative who handles the will & probate (all legal matters)

    Full name and address of the alternate personal representative

    Full names of children and dates of birth as well as addresses

    Trustee's full name to handle childrens' financial matters if parents are deceased (if they are minors) 

    Full name of guardian for minor children (should both parents die the guardian receives full custody of the children)  It's recommended that the guardian and trustee be different people.

    You then list other special provisions:  if you want someone to get something particular etc.

    Hope this helps a bit

  • Sadie-Rose
    Sadie-Rose Member Posts: 222
    edited January 2008

    Liz and Rose.

    Thank you for your information.  I didn't even know how to get started, now I do!

    Sadie

  • Analemma
    Analemma Member Posts: 1,622
    edited January 2008

    I know that there is software available, but I haven't done it yet, either.  I did, just yesterday, get the forms to donate my body to the Cleveland Clinic (where I'm being treated) for medical research or training.  Hopefully, something good will come of this!  I did a bit of searching online.  I googled "body donation ohio" and got to a website that lists all the places that accept donations listed by state.  The forms are online, you print them out and get them signed and witnessed.  Then they give you a card to carry with a phone number to call upon your death.  They pick up the body, and when they are done with it, they cremate and then either return the ashes or bury them.  They cover all expenses.

    I'm such a frugal person.  I'd much rather see something (my body) put to a good use when I'm not using it anymore, than to be thrown away.  I'm a big recycler, too!!!    ;-)

  • OneBadBoob
    OneBadBoob Member Posts: 1,386
    edited January 2008

    Sadie Rose, I would strongly urge you to seek the advice of an attorney to have an estate plan and will drawn, and the appropriate powers of attorney, health care proxies, etc.

    Each state has different laws and rules for probating of wills, and an experiened Trust and Estates lawyer would make sure all i's are dotted and t's crossed, and all necessary clauses and information would be included in the will so your final wishes would be carried out by your executors.

    I don't know what your assets are, your husband, ex-husband, your children, step-children, insurance policies, etc., are, but these are important considerations.

    Also, what if you and your husband should perish together in an accident?  Provisions should be included for that contingency, guardians and alternates appointed for your children, trustees and alternates for any monies left to your children in trust (if they are minors), executors and alternates your trust to carry out your final wishes.

    Having worked as a paralegal in an estates and trust department of a law firm for many years, I have seen the problems and extensive litigation that can happen when trying to probate a self-made will that may contain ambiguous and confusing language, and not contain nexcessary statutory information for your state.  You can save your beneficiaries much grief and money by having your will prepared by an experienced attorney.

    And you must have witness that have no financial or other interest in your estate.  When it comes time to probate the will, you will need affidavits from those witnesses that they actually saw you sign the will, felt you were doing it under your own free will with no duress etc.

    And what if someone contests your will?  Have you included the appropriate clauses in your will that anyone who contests your will will be ineligible to take even the bequests or legacies you have left to them?

    It is very complicated.

    Your estate will profit from professional legal advice, since it may well eliminate a challenge to the Will, which can be costly to your estate in a number of ways, namely: (1) It may result in a costly and time-consuming hearing to determine the legality of your will, or (2) It may well result in a Court Ordered Division of your property that would be contrary to your sense of fairness.

    Also, an experienced estate attorney can give you advice to minimize the tax liabilities of your estate.

    I guess I feel so strongly about this because I can tell you nightmare stories about problems probating wills that were not properly drawn.

    Off my soap box.

  • Iza
    Iza Member Posts: 117
    edited January 2008

    Just to add one more vote to the "go see a lawyer." A do-it-yourself will can cause more trouble than one would think. Better do it well...

  • Sadie-Rose
    Sadie-Rose Member Posts: 222
    edited January 2008

    Hi IZA,

    I do plan on going to see a lawyer.  The things people are sharing are helping me prepare to go. 

    Thanks all.

    Sadie

  • Sadie-Rose
    Sadie-Rose Member Posts: 222
    edited January 2008

    Hi Everyone,

    I thought I would just check in and see if you have more advice for me and others who are exploring writing a will.

    Sadie

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