Creating a Will online

[skymama 37]

Any of you have any experience with the BuildaWill site or other online sites for making a will? Any opinions about the legality of it from the lawyers on here? I read about it in a magazine article and see where USA Today and PC Magazine also recommended it. For $19.95, it seems like a pretty way to make sure the state doesn't get your stuff!

She is Da Man, and you better not mess with Da Man,
because she will lay some keepdown on you faster than, well, really fast. ~Billvon

[PLFXpert 0]

not sure about that, but legally speaking, even if you haven't had it done "officially" if you have written it down somewhere at home, saved it on your personal computer, etc. 99% of the time it will hold up in a court of law.

I made mine (just at home) after the Terry Shiavo case; there's no way the governor of florida is going to step in and keep me on lifesupport; he lost my vote b/c of that.

Paint me in a corner, but my color comes back.

[lawrocket 3]

You know, most attorneys who have wills use computer programs to plug and chug. It makes it simpler, easier and much more efficient. My guess is that this system uses the same sort fo program for everyday use. Why pay lawyers to do it if you can do it yourself?

My issue with it is that it can be pretty confusing, and different states have different laws. Many of these laws deal with the succession of property if you die without a will. Under these "intestacy statutes" what you have usually goes to your spouse and kids. So you will be spending 20 bucks doing something that state laws will probably do, anyways.

Also, there can be issues of confusion with what the questions are asking. Lawyers can explain this stuff to you to make sense about what they are asking.

Also, if the will ends up being read to give everything to your ex-husband instead of the kids (this stuff happens), who will you sue? The lawyer who made the will?

Things to think about...

My wife is hotter than your wife.

[TheAnvil 0]

Well, the sight doesn't have a simple 'Leave Everything to Vinny the Anvil' option, so I have to give it an 'F' overall.


Vinny the Anvil

Vinny the Anvil
Post Traumatic Didn't Make The Lakers Syndrome is REAL
JACKASS POWER!!!!!!

[skymama 37]

Quote

My issue with it is that it can be pretty confusing, and different states have different laws. Many of these laws deal with the succession of property if you die without a will. Under these "intestacy statutes" what you have usually goes to your spouse and kids. So you will be spending 20 bucks doing something that state laws will probably do, anyways.

I did find out in Real Estate school that if someone dies without a Will with no heirs, the house would go to the state. So, I'm assuming if my kids and I have an untimely death, like in a car crash, the state will get my house. I don't want that to happen!

Quote

Also, there can be issues of confusion with what the questions are asking. Lawyers can explain this stuff to you to make sense about what they are asking.

I don't have enough money for a lawyer, so my choices are either don't have one, or spend $20.

She is Da Man, and you better not mess with Da Man,
because she will lay some keepdown on you faster than, well, really fast. ~Billvon

[Remster 30]

Quote

So, I'm assuming if my kids and I have an untimely death, like in a car crash, the state will get my house. I don't want that to happen!

So telling you how to spell my name will come in handy!

Remster

[Nightingale 0]

do you have any other family? if so, it'd probably go to them, rather than the state.

[skymama 37]

Quote

do you have any other family? if so, it'd probably go to them, rather than the state.

It was my understand that an heir is only automatically assumed to be children and anyone else you want it to go to has to be spelled out in a Will. Wouldn't be the first time I was wrong though.

She is Da Man, and you better not mess with Da Man,
because she will lay some keepdown on you faster than, well, really fast. ~Billvon

[skymama 37]

Quote

So telling you how to spell my name will come in handy!

Yes, I'll add it to the mortgage too.

She is Da Man, and you better not mess with Da Man,
because she will lay some keepdown on you faster than, well, really fast. ~Billvon

[PhillyKev 0]

I used one. Was very simple. I added a clause on the end that no one is to take legal action against any owners, operators, employees, customers or spectators of a dz if I happen to die skydiving. Not sure how binding that is, but at least it lets my family know my wishes.

[lawrocket 3]

Quote

did find out in Real Estate school that if someone dies without a Will with no heirs, the house would go to the state. So, I'm assuming if my kids and I have an untimely death, like in a car crash, the state will get my house. I don't want that to happen!

That's called "escheat."

Escheat is the absolute last straw. States don't like dealing with it. Believe it or not, the biggest issues of escheat come from people who die with contaminated property. No possible identified heirs will take it because it'll cost more to clean it up than the clean property would be worth.

If you die without kids, the probate court would look to parents, grandparents, uncles, cousins - you name it. Here in Cali, if an unmarried person dies, here's who will take the property:

If the decedent was unmarried at the time of death, the assets go to the following people, in order:

Children, equally.
If a child is deceased but had children, the child's share goes to his or her children equally.
If the decedent had three living children and no deceased children, each child would receive one-third of the assets.
If there are two living children and one deceased child who had two children, each living child receives one-third and each child of the deceased child receives one-sixth (one-half of the third).
In some but not all cases, foster children and stepchildren can inherit from foster parents or stepparents.

If no living children, to the grandchildren equally.
If no children or grandchildren, to great grandchildren, equally.
Decedent's parents equally, or to the surviving parent if one is deceased.
Brothers and sisters equally (half-brothers and sisters are considered the same as full brothers and sisters) with provision that if any brothers or sisters are deceased, their share passes to their children equally.
Grandparents, equally, or to the surviving grandparents if any are deceased.
The descendants of grandparents, such as aunts, uncles and cousins.
The descendants of a predeceased spouse (step-children).
Parents or the surviving parent of a predeceased spouse.
Descendants of the parents of a predeceased spouse, such as brother-in-law, sister-in-law or that person's children.
The next of kin or nearest relative.
The next of kin or nearest relative of a predeceased spouse.
If none of the above, to the State of California.

Here in Cali, if you cannot find a relative anywhere, then the state gets it.

My wife is hotter than your wife.

[shananay 0]

Quote

It was my understand that an heir is only automatically assumed to be children and anyone else you want it to go to has to be spelled out in a Will. Wouldn't be the first time I was wrong though.

No you are very right. If you do not have a will the house and everything in it will go through Probate and yes that means the state gets it. Everyone should have some sort of will like the other poster was saying...so you can avoid having this happen.
I never thought about it until recently when tragedy struck so close to home. I am only 30, not a millionare and have stuff that only I think is sp great, but I would rather my family hash it out than the state any day.

Do it Again!
P.M.S. #22
LaLa Gang #4

[PhillyKev 0]

Yeah...but don't the survivors have to file a butt load of paperwork? I know in PA they do. Having a simple will saves them that trouble during a troubling time.

[PhillyKev 0]

No, that's not true.

"If you die without a will (known as dying “intestate”) in Florida, your assets will be divided amongst your immediate family. If you have a spouse and at least one child, the first $60,000 of your estate beyond homestead entitlements, plus one-half of the remaining estate, will go to your spouse. The remainder will go to your children. If you have a spouse but no children, your entire estate will go to your spouse.

If you have no spouse or children, your estate will go to your parents if they are still living. If your parents aren’t still alive, your estate will go to your siblings.

http://www.lawyers.com/lawyers/A-1013561-LDC/ESTATE+PLANNING+Florida.html

Andrea, you should probably see a lawyer though since you have kids. You'll want to put the money in trust for them with someone responsible. Not to mention who gets custody of them.

[cvfd1399 0]

I knew Louisiana was a messed up state but damn we cant even get a online will without an attorney!!
Somebody rescue me from this stench we call LA

RESULTS FROM THE SITE
Sorry!
As a result of your answers given in the Preliminary Questionnaire, we recommend you consult an attorney in your jurisdiction.

You have indicated that:
- 1) You live in Louisiana. The BuildaWill is currently not programmed to provide information and forms for these jurisdictions. We are currently working on adding these jurisdictions to BuildaWill. Please check back with us in the near future

[PhillyKev 0]

Quote

I knew Louisiana was a messed up state but damn we cant even get a online will without an attorney!!

You can't get public record info about real estate transactions without an atty either down there. I used to do title searches. Man, what a pain. First find out what freakin parish the property is in. Then find someone who is friends with the recorder of deeds there. Then maybe get the info you want.

[tsampson 0]

That's not wholly accurate. If you die without a will, any non-exempt assets will go through probate. Probate does not equal the State getting the assets, though. Any claims will be settled, and then the remainder will be divided, pursuant to your states statutes, among heirs. It is only if the debts of the estate exceed the value of the non-exempt assets that heirs would not receive anything.

[lawrocket 3]

Dude, Louisiana is unique among states. It has it's own way of doing things... When lawyers think their system is weird, that says something...

My wife is hotter than your wife.

[cvfd1399 0]

Yep....The FBI just sent 18 agents and set up a field office in town(Baton Rouge) to start investigating "political corruption" I was like where were you a couple hundred years ago??!! lol They better sharpen their pencils and get ready to have attempts made at lining their pockets by the ploiticians to get the "heat" off.

[wmw999 2,556]

I've had a couple of friends go through spouses' untimely deaths without wills. It's an awful thing to do to someone whom you supposedly love. Established law will take precedence over what you might have otherwise intended (which in the case of divorce, adult children, new spouses and the like can be interesting).

It also sets family members up to sue each other over what you would have wanted because you left no clear indication. It's also more expensive than probating a decent will (or so I'm told).

So even if you write something out in longhand and sign it, that's probably better than nothing. And a real will, lawyer-done or not, is much better than that.

We enjoy a sport that means untimely death sometimes. We should be ready for it.

Wendy W.

There is nothing more dangerous than breaking a basic safety rule and getting away with it. It removes fear of the consequences and builds false confidence. (tbrown)

[murrays 0]

Andrea,

It is worth it to go and see a lawyer and be sure that your will is an accordance with all state and federal laws that may apply. You do NOT want to die intestate (without a will). The disposition of your property will be done in accordance with the rules in effect in your state, will take time and may not be what you want.

You have to choose an executor, and you should also name an alternate, in case your first choice cannot or will not serve. This is a very important decision. Choose someone who will stick to your wishes and will hang in there even if times are tough. It can be a very thankless and difficult job. (I speak from experience)

Having a will and an executor enables the executor to take control of your assets immediately to pay bills, take care of your kids, etc.

To me, it's worth the trip to the lawyer. No doubt about it.

--
Murray

"No tyranny is so irksome as petty tyranny: the officious demands of policemen, government clerks, and electromechanical gadgets." - Edward Abbey

[lawrocket 3]

One more thing to think about -

It may cost you $1,500 to do a will. However, the attorney can save you many thousands of dollars in taxes in a number of cases.

Also, you may want to consider a trust...

My wife is hotter than your wife.

[MakeItHappen 15]

Quote

Here in Cali, if you cannot find a relative anywhere, then the state gets it.

What does the state do with the estate?

What if you have a will that says something to the effect of
'Please ask this list of people, in order on the list, to assume xyz entity. The one that accepts responsibility will get abc from the estate.' Is that recognized? But the catch is that you cannot tell the potential sponsor that they will get abc if they accept the responsibility. An example would be if Aunt Mae raises a deceased's 2 yo then she can have the retirement accounts and liquid assets, but she cannot know that until she accepts responsibility. If no one from the list steps up, then the assets go to pdq charities.

What happens if an insurance company can only find some of a deceased person's children for a life insurance policy? Do the 'found' children get to divi-up the portion that was supposed to go to the 'lost' children after so many years? The 'lost' children are no where to be found, no death certificates, no military records, no DL, no employment records, nada.
.

.
Make It Happen
Parachute History
DiveMaker

[BadDog 0]

Check out http://www.finance.cch.com/pops/c50s10d190_FL.asp. Personally, I think that whether or not you need a will depends on how much you have and how much you care about what happens to it when you're gone. I think the same factors determine whether or not you should seek competent legal advice in this regard.