Wills

Kaye

Kaye

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Have a question on the necessity of wills. I’m married and as far as I’m concerned when I die, everything goes to the husband. He’s the spouse, and all of my accounts list him as beneficiary, so in my mind I don’t need a will. Am I missing something here?

The question comes up because we’ve got an appointment with a lawyer to write up a will for if we die together. Karl has a will and I don’t. He claims that will cause a problem in writing up the new will. My simple mind doesn’t understand why. What am I missing?

Kaye
 
Up to you, but we have wills, medical power of attorney documents and living wills (when to pull the plug!).

If you don't have these things you might end up with a court making your decisions for you...
 
Kaye,

Not having an individual will should not muck up the works in a joint/die-together will (but that depends on the state! Ask the lawyer yourself). Having said that, though, it is worthwhile to have one done.

Why?

Because it's not as simple as "my husband gets everything" (in most states). And you wouldn't get to choose the executor - that would be determined by the laws of the state and by the probate court.

It shouldn't cost much money, but it will really ease the burden on the survivors....

Cue Adam....
 
I can't speak to the particulars of VA law, but I can tell you that, in general, if you have a valid will (and it need not typically be fancy, just effective), the cost of resolving your estate upon the event of your death will be substantially lower, and the complication, substantially less.

In Texas, the difference can be many thousands of dollars; probate of a simple, well-drafted will is typically very quick and not particularly costly. Without one, you have court-supervised probate at significantly greater cost.

Call a qualified lawyer.
 
Just one more piece of advise. Having had to deal with several family deaths now, having your will, and wishes written down reduce the stress on you loved ones tremendously!! If you love them back it easy for them to get everything settled, where there is ambiguity there is stress and even animosity.
 
Just one simple scenario... suppose a bad car accident and your husband dies first, and then you die one day later. Then you have died intestate, and the State will get to decide who gets your estate. You need to make this decision, not some state wonk....

-Skip
 
A will really is cheap peace of mind. We (my wife and I) always meant to get around to it and never did. Then two things happened - we had kids, and someone we know died. That individual was married, no kids, and I suppose assumed as you did. That became a very big mess due to some particular state laws.

It's a pretty simple process and will cover you in quite a few scenarios. Living wills may or may not be included in what you will be doing, but definitely is something else you should consider.
 
Recently, I had to deal with the issue of wills etc. It was a real education!

If there was one thing I learned from the entire process, it was that a living trust is a much better document to have set in place, instead of a will. In the State of California, a will takes about a year to settle, whereas a living trust could have been resolved within a a few months.

So from the standpoint of your heirs, ask your lawyer/attorney about whether a trust or a will is best for your situation and location.
 
colomtnflyer said:
If there was one thing I learned from the entire process, it was that a living trust is a much better document to have set in place, instead of a will. In the State of California, a will takes about a year to settle, whereas a living trust could have been resolved within a a few months.

So from the standpoint of your heirs, ask your lawyer/attorney about whether a trust or a will is best for your situation and location.
Click to expand...
We have a trust...seems like our lawyer recommended it for us in our particular situation.
 
Two comments:

1. Trusts may- or may not- be better or simpler. Guess what: you need a lawyer who knows to tell you. In Texas, a valid self-proved will is as easy as pie to probate, costs next to nothing to do, and avoids all the complication of setting up a trust in the first place. Trusts are often important for high-net-worth folks, tax consequences, etc. Ask an expert.

2. Never in my life have I seen a "saved money and used a service" legal form (wills, or anything else) that was not materially defective in some important way. You save money, you buy into the myth that all lawyers do is gouge clients, you (I guess) deserve what you get.

---
Check me on this Adam- we only hear about these things after people get in trouble with 'em.

If their stuff is "just as good" as a skilled lawyer's, then why, oh why, do they need this:

Disclaimer of Warranties and Liabilities

THE MATERIALS AVAILABLE ON THE SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U. S. Legal Forms™, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE MATERIALS. USLF AND ITS PARTNERS AND AFFILIATES DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIAL ON THE SITES. USLF WILL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MATERIALS, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHERWISE, AND WHETHER OF NOT USLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN USLF'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
 
SCCutler said:
Two comments:

1. Trusts may- or may not- be better or simpler. Guess what: you need a lawyer who knows to tell you. In Texas, a valid self-proved will is as easy as pie to probate, costs next to nothing to do, and avoids all the complication of setting up a trust in the first place. Trusts are often important for high-net-worth folks, tax consequences, etc. Ask an expert.

2. Never in my life have I seen a "saved money and used a service" legal form (wills, or anything else) that was not materially defective in some important way. You save money, you buy into the myth that all lawyers do is gouge clients, you (I guess) deserve what you get.

---
Check me on this Adam- we only hear about these things after people get in trouble with 'em.

If their stuff is "just as good" as a skilled lawyer's, then why, oh why, do they need this:

Disclaimer of Warranties and Liabilities

THE MATERIALS AVAILABLE ON THE SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U. S. Legal Forms™, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE MATERIALS. USLF AND ITS PARTNERS AND AFFILIATES DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIAL ON THE SITES. USLF WILL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MATERIALS, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHERWISE, AND WHETHER OF NOT USLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN USLF'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Click to expand...
Spike speaks wise words...
 
Kaye, my wife and I (also VA residents as you know) are going through the same process.

Why your husband wants you to have a will:
  • So you can specify your funeral choices (and he won't have to argue with your relatives about what they think you would have wanted, or try to come up with something "suitable" while dealing with the grief.
  • So that you can specify any sentimental trinkets you want to go to specific folk (and again take some stress off him).
  • So that you can indicate what should happen if he should predecease you or die at the same time.
  • So there can be absolutely no question about what you wanted.
A will is your last chance to execute some sort of control on the world you leave behind - I've seen horrible HORRIBLE things happen when a person checked out early and didn't make their wishes clear, turning families into disgusting brawls, with nobody getting happy except the various attorneys fighting it out (and frankly they weren't happy either but at least they were getting paid).

Since all of us by flying raise the likelihood that we will die in an accident, it's prudent to really think about this. Put the same amount of effort into thinking "I'm dead, now what" as you'd put into planning an IFR flight, and go talk with a lawyer, and you'll get it done quickly and easily. You don't have to worry about complicated estates and trusts unless you want to, and a good lawyer will be able to guide you through them. It won't cost a lot of money either.

Best wishes,
 
SCCutler said:
Two comments:

1. Trusts may- or may not- be better or simpler. Guess what: you need a lawyer who knows to tell you. In Texas, a valid self-proved will is as easy as pie to probate, costs next to nothing to do, and avoids all the complication of setting up a trust in the first place. Trusts are often important for high-net-worth folks, tax consequences, etc. Ask an expert.

2. Never in my life have I seen a "saved money and used a service" legal form (wills, or anything else) that was not materially defective in some important way. You save money, you buy into the myth that all lawyers do is gouge clients, you (I guess) deserve what you get.

---
Check me on this Adam- we only hear about these things after people get in trouble with 'em.

If their stuff is "just as good" as a skilled lawyer's, then why, oh why, do they need this:

Disclaimer of Warranties and Liabilities

THE MATERIALS AVAILABLE ON THE SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U. S. Legal Forms™, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE MATERIALS. USLF AND ITS PARTNERS AND AFFILIATES DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIAL ON THE SITES. USLF WILL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MATERIALS, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHERWISE, AND WHETHER OF NOT USLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN USLF'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Click to expand...

Spike, if you took offense (it appears you did) that wasn't my intent and please accept my apology. When my wife and I got our will we went to a well respected attorney and spent a couple hundred bucks as neither of us have the knowledge to determine if this type of service is worthwhile.

The only reason for bringing it up is that the internet company does a good bit of advertising and I have/had no idea as to the usefulness of such a form.
 
SCCutler said:
If their stuff is "just as good" as a skilled lawyer's, then why, oh why, do they need this:

Disclaimer of Warranties and Liabilities
Click to expand...

Because there are lawyers everywhere.

Honestly stuff like that is on anything and everything.

But you are correct, you gets what you pay for.
 
1) Spike I checked you out on this and I am happy to say you are correct sir.

2) Kevin, knowing Spike he didn't take offense. Most folks just don't know the issues involved in legal document drafting and therefor are suseptable to getting taken or given the wrong info. I can't tell you how many folks I have seen really hurt by this online legal stuff.

3) Diana a trust may be right for you but only your attorney can tell you. Every state is different. Florida is big on living trusts. Here in PA Living Trusts are being used as a huge Scam to sell annuities to seniors. While they are used here it is very rare wills are more the way to go.
 
kevin47881 said:
Spike, if you took offense (it appears you did) that wasn't my intent and please accept my apology. When my wife and I got our will we went to a well respected attorney and spent a couple hundred bucks as neither of us have the knowledge to determine if this type of service is worthwhile.

The only reason for bringing it up is that the internet company does a good bit of advertising and I have/had no idea as to the usefulness of such a form.
Click to expand...

Absolutely no offense taken at all, so no apology needed! This board is an extension of my family, and my family has to try pretty hard to hurt my feelings.

I am just issuing a caution, because I have seen what happens when folks "save money" and try to do things that they do not know about by themselves.

One of the amusing things about advertised legal forms and the like (and I am not speaking about the web provider cited above, but in general terms) is that they always brag in their adverts about how they do things that lawyers would charge "thousands" for, and yet in most instances, the stuff for which you pay a lot to a lawyer is stuff on which an attorney provides substantial specific and individual review and attention- the antithesis of what you can get from software or a website.
 
smigaldi said:
Because there are lawyers everywhere.

Honestly stuff like that is on anything and everything.

But you are correct, you gets what you pay for.
Click to expand...

Scott, my point is, lawyers are ethically precluded from disclaiming liability for malpractice.

Website screws up, you get a hunnert bux. Lawyer screws up, he gets tagged. Sorta not the same.
 
Every time I read this thread title, I think, "What chu talkin' about Willis?"
 
...reminded me of something I dealt with a long time ago.

Client had an aunt who, By God, was NOT gonna let any lawyer cheat her on her will (obtw, I don't even charge for basic wills...), so she ordered a will kit out of the Harriet Carter Catalog. Really!

It was not "self proved," which means (basically) that we could not admit it to probate without issuing subpoenas for the witnesses (who no longer liked her) to testify about the execution of the will by the decedent. Probate ended up costing a great deal more, required evidentiary hearings, etc.

But hey- look at the money she saved!
 
Thanks for all the info! Looks like I'm pretty naive when it comes to wills.

My parents didn't have much, and when my dad died 30 yrs ago without a will, I don't remember any hassle with getting everything in place for my mom. Dad's papers were very organized (which I've done the same), so it was quite simple. When mom died, there were no assets left, so it was a non-event.

Based on those events and the fact that we have no children, I just expected it to be simple. Time to do my homework, and get that will in place.

Thanks again!
Kaye
 
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