Legal advice

by simplesimon on Feb 12, 2008 5:33 PM CST

Since I know many of you LSBers are legal types, I thought I would ask for some pro-bono advice on wills

Married couple - early 40s - no children, two homes, other monies

No will - my wife nags me constantly we need to get this done.

her big concern is in the event of an accident - if one outlives the other by a short time and no provisions have been made - one or the others family will get everything and the others (namely her two sisters) will get nothing.

So do we need a lawyer to do this - or is one of those software packages adequate - if we need a lawyer, is this standard family law stuff and are costs pretty similar with most lawyers or does something like this vary widely?

any thoughts or advice would be greatly appreciated.

Tweet Comment 15 comments | 0 recs |

Do you like this story?

Comments

Asking a bunch of lawyers...

if you need a lawyer is a sure-fire affirmative.

Pedro: "I wasn't cockfighting, I just have a wide stance."

by tricer on Feb 12, 2008 5:40 PM CST reply actions

I'd

I'd just spend the money and have a lawyer do it right. If you don't have a lot of assets or something which would make it complicated I am sure you could get a will done for a couple of hundred bucks. Better to pay the money and get it done right rather than doing it on the cheap and messing something up.

by jf55510 on Feb 12, 2008 6:10 PM CST reply actions

For serious stuff like wills

I would get a liar...

by Agreen07 on Feb 12, 2008 6:20 PM CST reply actions

oops

lawyer...i must have been thinking about clemens.

by Agreen07 on Feb 12, 2008 6:20 PM CST up reply actions

no, you had it right the first time

Obama - ??? 2008 : He's not Hillary

by RangerMoto on Feb 12, 2008 6:27 PM CST up reply actions

most of those guys...

are busy running for office this time of year.

Pedro: "I wasn't cockfighting, I just have a wide stance."

by tricer on Feb 12, 2008 6:21 PM CST up reply actions

I agree...

I wouldn't mess with the wills in a box if for no other reason than that there are often state law issues that need to be addressed that the box doesn't know about.

It sounds like you need a fairly simple will which shouldn't cost that much. If you have pre-paid legal, this would be a good time to use it. I did a bunch of simple wills as an intern through pre-paid and it cost maybe $200 (of course this was a few years ago! :-) I'd also think about doing a power of attorney and a health care directive (i.e. do not recessitate).

Good luck!

http://www.mvn.com/milb-rangers

For old times sake...C'mon Kelly! :-)

by Beverly23 on Feb 12, 2008 6:29 PM CST reply actions

Not a lawyer

Too young to need a will yet...
but you can use a variety of the online sites that were established by lawyers, etc...
legalzoom.com is the one I always hear.

Troy I.

by tdi1985 on Feb 12, 2008 6:32 PM CST reply actions

to the point right above my post...

I think that site actually advertises on providing state specific documents.
I promise I'm not a salesman for them or anything.

Troy I.

by tdi1985 on Feb 12, 2008 6:33 PM CST up reply actions

Yep, use OJ's lawyer......

Shapiro has to be a genius, OJ's still walking around (for a little while, anyway)

by tklawless on Feb 12, 2008 7:05 PM CST up reply actions

I'm a lawyer

And the firm I work at has some guys with very strong estate planning practices. I have no will (not married, no kids, just the long time Girl). That said, go see a lawyer. There's a lot more to estate planning than just where your money goes and who gets the kids when you die. Like if you don't die are just horrible injured and lots of other stuff. Just go see a lawyer. Estate planning is the thing most lawyers give flat fees, so you can compare if you're cost conscious.

Remember Red, hope is a good thing, maybe the best of things, and no good thing ever dies.

by WyoRanger on Feb 12, 2008 6:58 PM CST reply actions

I am a lawyer

and for most people the software programs are fine.

by rbarton on Feb 12, 2008 8:14 PM CST reply actions

Lawyer opinion.

I am a lawyer, so I am biased in that sense. My experience with situations like this, where a lay person is tempted to be their own lawyer, they inevitably screw something up and end up with a result they didn't want. Drawing simple wills is relatively inexpensive and if you're legitimately concerned that something bad might happen, spend the money and get it done right.

by Athos on Feb 12, 2008 8:26 PM CST reply actions

I am a lawyer

And I agree that for most people, the software programs will work just fine. The only concern I would have (assuming you are doing a very simple will) would be in the execution. Laws to have a valid will are very specific and if something isn't done right, it can invalidate the whole thing.

Also, if you have a couple of houses and other investments/trusts/stocks/etc., I would just go see an estate lawyer. They are good at what they do and you don't have to worry about not having something provided for in the will, and thus, not effecuating your intent.

by FuturePants on Feb 13, 2008 8:57 AM CST reply actions

I'm a Lawyer as Well...

The "common accident" issue is somewhat irrelevant in Texas because in order to be deemed to have outlived your spouse in a common accident, you must survive that spouse by more than 120 hours. I have no idea what you financial situation is, or will be, but if there is any possibility your estate will be in excess of $6 million, go see an attorney (for tax purposes). If not, some of the programs may be adequate, but Texas has pretty specific laws, so make sure it works for Texas (if in fact you live in Texas) and make sure when you execute the docs you have at least 2 witnesses and a notary present. Also, I would advise looking into Powers of Attorney, Medical Powers of Attorney, and Guardianship documents.

by Topgun22 on Feb 13, 2008 10:06 AM CST reply actions