I Need to Write A Will

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. 

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.