# Just prepared my will online



## Marie5656 (Sep 6, 2019)

*Since I am now alone, my brother has insisted I do a will.  I went to an online site called Free Will.  It is an online form that there is no fee for, and they walk you through the process.  I think this is best for someone like me, with not a lot of assets, or things to distribute.  Mine was pretty simple, everything goes to one person.
Also allows a part for my final wishes for funeral etc.  Since my niece is my executor, will see the will, that will work. We have already discussed what I want (cremation, no service) .  
I just have to go and get it witnessed and notarized.  And I am good to go (pun intended).
It does have a place to designate a distribution to charity.*


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## mathjak107 (Sep 6, 2019)

Marie5656 said:


> *Since I am now alone, my brother has insisted I do a will.  I went to an online site called Free Will.  It is an online form that there is no fee for, and they walk you through the process.  I think this is best for someone like me, with not a lot of assets, or things to distribute.  Mine was pretty simple, everything goes to one person.
> Also allows a part for my final wishes for funeral etc.  Since my niece is my executor, will see the will, that will work. We have already discussed what I want (cremation, no service) .
> I just have to go and get it witnessed and notarized.  And I am good to go (pun intended).
> It does have a place to designate a distribution to charity.*


after hitting two badley worded wills in my life time , both being very costly to us , i only want my paper work done by a top notch estate attorney ... nothing is a problem , ever , until it's a problem for the heirs ... both wills had serious omissions in wording .


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## jerry old (Sep 6, 2019)

Marie5656 said:


> *Since I am now alone, my brother has insisted I do a will.  I went to an online site called Free Will.  It is an online form that there is no fee for, and they walk you through the process.  I think this is best for someone like me, with not a lot of assets, or things to distribute.  Mine was pretty simple, everything goes to one person.
> Also allows a part for my final wishes for funeral etc.  Since my niece is my executor, will see the will, that will work. We have already discussed what I want (cremation, no service) .
> I just have to go and get it witnessed and notarized.  And I am good to go (pun intended).
> It does have a place to designate a distribution to charity.*





Marie5656 said:


> *Since I am now alone, my brother has insisted I do a will.  I went to an online site called Free Will.  It is an online form that there is no fee *
> 
> Thanks, really needed that info.  will get on today


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## Knight (Sep 6, 2019)

Two different will needs. One with minimum assets, one with specific needs. 

Either should address what you want. We sat with the attorney to go over the language in our wills changing the wording we didn't like. Having a clear understanding of what you want the will to do is crucial to signing the final version.


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## mathjak107 (Sep 6, 2019)

Having a clear understanding of what you want with proper verbiage and paper work for your state is what is needed ...as the judge told us , the intent of the will and trust is quite clear ..but the court can’t fill in missing words or verbiage or rewrite history....so just knowing what you want as an end game is not good enough ....you need someone with experience to know when the wording is 100% correct ... when we went looking for an estate attorney I put them to the test ....I brought the two documents we knew had errors and asked him what he thought ....he picked up on the omissions right away unlike the general practitioners who did these documents...by the way these were two different people that had issues with documentation deemed defective. The common denominator is they both were done with canned documents by general practitioners not estate attorneys knowledgeable specifically in the ways of the state


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## Marie5656 (Sep 6, 2019)

*Well, filing out the will was the easy part.  Trying to get it notarized is nuts. I went to my bank.  Seems, bank notaries cannot notarize a will.  Go to a lawyer they said...any lawyer will do it for you just walk in and ask.  NOPE.  I found a lawyers office a couple miles from my bank.  Went in and asked. NOPE.  He said since he does not know me, he was not willing to have someone notarize it for me.
The only lawyer I know professionally is in another town.  It was suggested I call him and see if he will refer me to a local lawyer office.  Darn.*


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## mathjak107 (Sep 6, 2019)

Marie5656 said:


> *Well, filing out the will was the easy part.  Trying to get it notarized is nuts. I went to my bank.  Seems, bank notaries cannot notarize a will.  Go to a lawyer they said...any lawyer will do it for you just walk in and ask.  NOPE.  I found a lawyers office a couple miles from my bank.  Went in and asked. NOPE.  He said since he does not know me, he was not willing to have someone notarize it for me.
> The only lawyer I know professionally is in another town.  It was suggested I call him and see if he will refer me to a local lawyer office.  Darn.*


Before we had all the issues with  the defective documents I thought I would use willmaker and then pay an attorney to proof it out and sign off on it ...nope not one would have a thing to do with a document not fully created and worded by them


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## Marie5656 (Sep 6, 2019)

*I found out that NY State law says a notary cannot sign a will without a lawyer present.  I just contacted a lawyer I know socially to find out if she will help me.  If not, I guess I will have to research other ways to do it*


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## mathjak107 (Sep 6, 2019)

Marie5656 said:


> *I found out that NY State law says a notary cannot sign a will without a lawyer present.  I just contacted a lawyer I know socially to find out if she will help me.  If not, I guess I will have to research other ways to do it*


We are in New York ....when we signed our wills we were asked a lot of questions in front of the witnesses at the attorneys office ....things like do we know what a will is ?  Are we on any medications?  Did anyone receive outside influence in any decisions or were they feeling pressured ?   These are all important steps taken by a competent attorney


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## terry123 (Sep 6, 2019)

Any notary can notarize your will. It does not need to be a lawyer.  You will have to present your ID and a picture drivers license is enough for me to notarize for someone.  I keep my notary mainly because my daughter's pharmacy needs one to notarize their annual DEA inventory document.  I notarize for friends and family, mainly just the people I know.  I don't advertise and I don't charge them.  Last I heard a notary here in Texas could charge $6.00 a signature but it might be different now. I always needed to keep my notary commission as my employment always needed one.  They would pay my bond and any other fees I had to keep it.


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## mathjak107 (Sep 6, 2019)

terry123 said:


> Any notary can notarize your will. It does not need to be a lawyer.  You will have to present your ID and a picture drivers license is enough for me to notarize for someone.  I keep my notary mainly because my daughter's pharmacy needs one to notarize their annual DEA inventory document.  I notarize for friends and family, mainly just the people I know.  I don't advertise and I don't charge them.  Last I heard a notary here in Texas could charge $6.00 a signature but it might be different now. I always needed to keep my notary commission as my employment always needed one. They would pay my bond and any other fees I had to keep it.


There is more to it then just signing when you see an estate attorney in ny ...there are certain protocols and questions asked  if you see my post above...these can be very important questions in second marriages with children on both sides


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## Marie5656 (Sep 6, 2019)

*@terry123 Unfortunately, here in NY it has to be done with a lawyer present.*


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## Aunt Bea (Sep 6, 2019)

Marie5656 said:


> *I found out that NY State law says a notary cannot sign a will without a lawyer present.  I just contacted a lawyer I know socially to find out if she will help me.  If not, I guess I will have to research other ways to do it*


Please let us know how you resolve this.

I made a new will a couple of years ago and couldn't coordinate the witnesses and notary without a big hassle so I just filed it away.  

The other problem I have is deciding on who to name as executor.

Maybe if I wait long enough the problem will resolve itself!


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## Marie5656 (Sep 6, 2019)

@Aunt Bea. One thing I know is that the witnesses do not have to be personally known to you, and that they cannot be named in the will.  So, if you go to a lawyers office, you can have the Notary there, and then two people from the office be your witnesses.  I have an email out to a lawyer  know, and waiting to hear from her.


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## mathjak107 (Sep 6, 2019)

To be honest I think people need to do these important documents correctly and as accurately as you can using the right people  not some canned form which you have no idea what errors are lurking ...if you think the price of doing this by a proper attorney is expensive wait until you see what free can cost heirs


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## Aunt Bea (Sep 6, 2019)

Whatever my heirs get is gravy but every situation is different.

My will doesn't amount to much, most of my investments and cash will pass to beneficiaries named on the accounts and not be part of my estate.


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## mathjak107 (Sep 6, 2019)

Aunt Bea said:


> Whatever my heirs get is gravy but every situation is different.
> 
> My will doesn't amount to much, most of my investments and cash will pass to beneficiaries named on the accounts and not be part of my estate.


Same here ... but today you never know if your death will be part of a medical malpractice suit , a wrongful death suit ,an accident settlement ,etc .....so just because there may be little to deal with now does not mean that is how it will end up ....my sons best friends in-laws went out to celebrate their 40th anniversary and a drunk driver killed them both ......so stuff happens that can suddenly see the estate having to deal with money where there was none


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## Pecos (Sep 6, 2019)

mathjak107 said:


> To be honest I think people need to do these important documents correctly and as accurately as you can using the right people  not some canned form which you have no idea what errors are lurking ...if you think the price of doing this by a proper attorney is expensive wait until you see what free can cost heirs



The first time I saw the handwritten piece of paper that my father thought would work you could have knocked me over with a feather. I was passing through on leave from the Navy, but I extended my time in El Paso and dragged him down to a real attorney and had it done right. The cost for all the documents he needed ($700) was dirt cheap compared to the grief I would have had if I had not forced the issue.
And forget about executing the will yourself. I really needed that lawyer to help me execute that will. The process is far more complex than I imagined. 
Getting a will done correctly is not an area where you try to save a few bucks. Do it right and save your heirs from major heartache.


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## terry123 (Sep 6, 2019)

Everything I have has a pay on death attachment.  Already told girls to get what they want now as I am down sizing  to what I truly want.  Already had will, power of attorney and medical power of attorneys down and they both have copies. Originals are in safety deposit box with both of them having access to keys.  One daughter wants the Agatha Christie books.  The other wants the Gibran books and other spiritual books.  Others are being boxed, listed on free cycle and given away. I will not throw away books.  Those not taken will be donated to Salvation Army as they will do a pick up if you schedule one and tell them how many bags of clothes you have, how many boxes of books. Already had one pick up and collecting boxes for another. Eight now I am using my china and crystal and enjoying them.  Cremation paperwork done and paid for.  I am done.


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## StarSong (Sep 7, 2019)

Marie5656 said:


> *Since I am now alone, my brother has insisted I do a will.  I went to an online site called Free Will.  It is an online form that there is no fee for, and they walk you through the process.  I think this is best for someone like me, with not a lot of assets, or things to distribute.  Mine was pretty simple, everything goes to one person.
> Also allows a part for my final wishes for funeral etc.  Since my niece is my executor, will see the will, that will work. We have already discussed what I want (cremation, no service) .
> I just have to go and get it witnessed and notarized.  And I am good to go (pun intended).
> It does have a place to designate a distribution to charity.*



When it comes to legal advice I'm a firm believer that you get what you pay for. My mother's estate went smooth as silk because she engaged a good estate lawyer to write her will and trust. DH and I used the same attorney to draw up ours. Money well spent, IMHO.


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## mathjak107 (Sep 7, 2019)

StarSong said:


> When it comes to legal advice I'm a firm believer that you get what you pay for. My mother's estate went smooth as silk because she engaged a good estate lawyer to write her will and trust. DH and I used the same attorney to draw up ours. Money well spent, IMHO.


What cracks me up is when people go we did it ourselves , no problem...like what the heck is going to go badly with a document while you are alive


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## Buckeye (Sep 7, 2019)

I need to have my will redone - last done in 2014 when my wife was still living.   I'll use an attorney.


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## retiredtraveler (Sep 11, 2019)

mathjak107 said:


> after hitting two badley worded wills in my life time , both being very costly to us , i only want my paper work done by a top notch estate attorney ... nothing is a problem , ever , until it's a problem for the heirs ... both wills had serious omissions in wording .


I'm with you. And we did not do a will --- we set up a revocable trust.


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## james preston (Sep 18, 2019)

Agree here - cost of lawyers are well worth it for this type of work!


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## Linda Doc (Jan 7, 2020)

A few years back I drew up my will and had it notorized at the bank (I'm in Philadelphia). I will in all likelihood leave very little for my two daughters to squabble over, but I wanted something in writing anyway. I wanted to emulate my mother - she had everything in order, in a file, so that when she passed away my brother and I did not have to worry about a thing.


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## Camper6 (Jan 7, 2020)

Marie5656 said:


> *Well, filing out the will was the easy part.  Trying to get it notarized is nuts. I went to my bank.  Seems, bank notaries cannot notarize a will.  Go to a lawyer they said...any lawyer will do it for you just walk in and ask.  NOPE.  I found a lawyers office a couple miles from my bank.  Went in and asked. NOPE.  He said since he does not know me, he was not willing to have someone notarize it for me.
> The only lawyer I know professionally is in another town.  It was suggested I call him and see if he will refer me to a local lawyer office.  Darn.*


I have read somewhere and do not know how accurate it is but if you write your will by hand in your own handwriting, it is legal and you don't need a witness or a notary.

It's from memory and a long time ago. So I don't know if it's still legal.


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## CrackerJack (Jan 7, 2020)

Ive not heard of online Will making My Will was madeup by me and my late Husband many years ago and when he passed away five years ago I made alterations and used the same solicitor and the charges wern't too exhorbitant.

I now in the process of changing it and using the same solicitor as I have two Sons who are my executors and trustees. Too complicated to go online in my case.


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## debbie in seattle (Jan 7, 2020)

While my husband was ill with mesothelioma, we had a trust account done.    We had to pay for it upfront, whereas a will written, is after the fact.    My husband passed knowing everything was in order, now I can change it whatever way I want.      At first, we tried the do it the do it yourself route, but never felt comfortable with it.   All is good now.


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## Kadee (Jan 7, 2020)

Wills can be complicated if you have both been married before


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## fmdog44 (Jan 7, 2020)

I read a long time ago online wills are all but useless. Maybe things have changed.


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## Marie5656 (Jan 7, 2020)

@Camper6 I spoke with a lawyer and she told me that in New York State, it does not have to be notarized.  I have already had it witnessed, so I am set there,

@fmdog44 I do not know about whether or not it is useless. I do not have a huge, complicated estate. Everything goes to my niece, and she will also be my executor.  Easy peasy. I have it mainly so I have, in writing, what I want her to do with me...cremation, no service, scatter me somewhere of her choice.


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## mathjak107 (Jan 7, 2020)

I hope you had at least two witnesses at the notary 


However, while witnesses aren't required to make your will valid, they may be required at the time of probate (after you die) to "prove" your will to the probate court. Pennsylvania law allows you to avoid this hassle by making your will "self-proving." 20 Pa. Cons. Stat. § 3132.1. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you sign your will in the presence of two witnesses. Then, in a notary's presence, the three of you sign affidavits that state who you are and that you signed your will in the presence of the witnesses. The notary then notarizes your signatures and you attach the affidavits to your will.


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## gennie (Jan 7, 2020)

I think the size of the estate and what kind of assets are involved should be a key to how complicated a will one needs as long as it meets the minimum standards for the state where you live.  Requirements should be searchable on line.  

I'm not knocking attorneys but they do take care of their own and most state's legislative body has a sizable number of attorneys.


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## mathjak107 (Jan 7, 2020)

Ones death may be the result of a medical malpractice suit , wrongful death , accident , etc .. just because there is no money now does don’t mean there won’t be .

having had two defective documents we ran in to already that caused such aggravation I would never not have these done by the best estate attorney I can find ...

There are no do overs when these things are poorly done ....as the judge said to us ...the intent is clear but I can’t rewrite history or fix missing verbiage


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## Marie5656 (Jan 7, 2020)

mathjak107 said:


> I hope you had at least two witnesses at the notary
> 
> .



I did not need it notarized. Just have my signature witnessed, according to the lawyer I asked.


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## Llynn (Jan 7, 2020)

For years I had a will that I wrote using a software program that I purchased. Then my Daughter went and married a lawyer (where did I go wrong with her). He offered to write my will and after I reviewed what I had already I agreed with him that my existing will was weak in many areas so I had him do up a better doccument. In Wa State notarization is not required just wittnesses.


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## mathjak107 (Jan 8, 2020)

Marie5656 said:


> I did not need it notarized. Just have my signature witnessed, according to the lawyer I asked.


the excerpt of pa law says differently . was this an estate attorney or just a general practitioner ?


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## Meanderer (Jan 8, 2020)

young frankenstein - deleted scene 1 - the reading of the will


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## retiredtraveler (Jan 8, 2020)

debbie in seattle said:


> While my husband was ill with mesothelioma, we had a trust account done.    We had to pay for it upfront, whereas a will written, is after the fact.    My husband passed knowing everything was in order, now I can change it whatever way I want.      At first, we tried the do it the do it yourself route, but never felt comfortable with it.   All is good now.


Yes. We went the route of getting a lawyer and making a revocable trust. That way, there is no probate and if anything happens to one of us, the other person has immediate access to all assets without going through any court proceedings. Of course, we did the living will, POA, health POA  things to cover all legal possibilities.  "Regular' wills are next to useless, imho.


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## mathjak107 (Jan 8, 2020)

Make sure everyone understands that living wills are a double edge sword ....revocable wills take  a house which is a protected asset in personal name and unprotects it as far as  Medicaid goes .

In personal name the dollars the house is worth do not count  in the spend down  to qualify .

In a revocable trust they now count ..the house has to be sold and the dollars spent on care in order to qualify ....General practitioners rarely are aware of this. To switchback has a 5 year look back.

This is why doing this stuff without great guidance can open a can of worms


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## StarSong (Jan 9, 2020)

mathjak107 said:


> Make sure everyone understands that living wills are a double edge sword ....*revocable wills take  a house which is a protected asset in personal name and unprotects it as far as  Medicaid goes .*
> 
> In personal name the dollars the house is worth do not count in the spend down  to qualify .
> 
> ...


California does not consider one's personal home a countable asset, even when if it's held in a revocable trust.  Also, our lookback period is 30 months, not 60.  

Each state has its own laws regarding Medicaid eligibility.



https://www.medicaidplanningassistance.org/asset-protection-trusts/


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## mathjak107 (Jan 9, 2020)

California has its own rules about everything...in Fact anything posted should have a disclaimer,may not apply to California


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## Ladybj (Jan 9, 2020)

When my husband brother passed away.. he was divorced, no kids. He had Real Estate property and other assets and NO WILL.  Long story short, with no Will, it took about 8+ years for financial issues to be settled and siblings not speaking to each other.  WHAT A MESS.


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## oldmontana (Jan 9, 2020)

We have a will done by a Attorney.

Our children can go there to get help when the time comes.  It also avoids probate .


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## fmdog44 (Jan 9, 2020)

To me when in doubt bite the bullet and seek an attorney. It I not for you because you will be elsewhere but consider those you want to pass your stuff on to. Consider also how up-to-date are you with the ever changing laws in your state?


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## mathjak107 (Jan 9, 2020)

oldmontana said:


> We have a will done by a Attorney.
> 
> Our children can go there to get help when the time comes.  It also avoids probate .


 Depending what is being passed a will may have to go through probate lawyer or not


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## oldmontana (Jan 9, 2020)

mathjak107 said:


> Depending what is being passed a will may have to go through probate lawyer or not


True..

*People also ask*
Is Probate necessary if there is a will?
Some people don't want to *probate* a *will*. *There* is no requirement that a *will* or property go through *probate*, but *if* the decedent owned property that is not arranged specifically to avoid *probate* (see below), *there* is no way for the beneficiaries to obtain legal ownership without *it*. *There* are some exceptions to this.

Probate a will
*Featured snippet from the web*
*Probate* is the court-supervised process of authenticating a last *will* and testament if the deceased made one. It includes locating and determining the value of the person's assets, paying their final bills and taxes, and distributing the remainder of the estate to their rightful beneficiaries.

 court-supervised process...we want to avoid that


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## Butterfly (Jan 9, 2020)

Camper6 said:


> I have read somewhere and do not know how accurate it is but if you write your will by hand in your own handwriting, it is legal and you don't need a witness or a notary.
> 
> It's from memory and a long time ago. So I don't know if it's still legal.



In the US this varies from state to state, as does ALL probate law.  Most states no longer recognize holographic (handwritten by you) wills.


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## Butterfly (Jan 9, 2020)

mathjak107 said:


> I hope you had at least two witnesses at the notary
> 
> 
> However, while witnesses aren't required to make your will valid, they may be required at the time of probate (after you die) to "prove" your will to the probate court. Pennsylvania law allows you to avoid this hassle by making your will "self-proving." 20 Pa. Cons. Stat. § 3132.1. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
> ...



This is also true of New Mexico.


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## mathjak107 (Jan 10, 2020)

Camper6 said:


> I have read somewhere and do not know how accurate it is but if you write your will by hand in your own handwriting, it is legal and you don't need a witness or a notary.
> 
> It's from memory and a long time ago. So I don't know if it's still legal.


not only are they not recognized by many states  but they can create big problems and expenses for heirs .

we had an issue with a house that was inherited by my ex wife  and that was a canned will a general practitioner used .

we refinanced it and  all was moving along at the closing . then the title company asked to see the will .

so they read the canned will and  stopped the closing .... why ?   it simply said to my child beth i leave my house and possessions .

what could be wrong ?    it was missing a very key work . that word was ONLY ./  as in ONLY child .

they stopped the closing . i had to pay the banks attorney  , the title company and we were paying off a co-op so the co-op attorney ... we also lost our interest rate . we had to get affidavits  from relatives she was an only child .


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## Camper6 (Jan 10, 2020)

All I can say is better than no will at all.

Wills are challenged all the time no matter how or who prepares them.  If you are broke there's never a problem.


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## mathjak107 (Jan 10, 2020)

Camper6 said:


> All I can say is better than no will at all.
> 
> Wills are challenged all the time no matter how or who prepares them.  If you are broke there's never a problem.


challenging them is one thing ....  being able to over ride the deceased;s wishes because of mistakes in verbiage is another .

we had another situation where it was clearly spelled out  that some estranged grand children were to get nothing from their grandfather ...

well a missing sentence in the documents pertaining to predeceasing  opened up a whole can of worms when the courts said the document was defective .

the judge said the intent was clear  , those kids were to get nothing , but he can't rewrite history or add missing words ...

that missing sentence cost us hundreds of thousands of dollars as we had to buy the estranged kids out of a family business they were to see no part of .

i brought the two sets of paper work we ran in to with us when we looked in to estate attorney's for our own paper work .

we asked the estate attorney if he could review those documents .

it took a minute and he said we could have potential issues with the fact one made no reference to any other children , as well as in the other there was nothing pertaining to  my wife's first husband dying before his  parents as far as my wife's entitlement  now that he was gone .

so estate attorneys with experience are usually good at avoiding these amateur mistakes we ran in to .

by the way , these were two different  issues with different families .  the missing word issue was my ex wife , the missing verbiage about predeceasing was my current wife.

the judge said that his court room today is filled with issues from ill prepared wills and trusts   that people get either on line or from attorney's who  are not estate attorneys and just go on line and print wills for clients .

here in new york , many don't know that power of attorney has switched to a new more lengthier form because of elder abuse ...  brokerages and investment houses do not have to recognize the older no longer statutory form .

so doing these things on your own is rarely a good idea .   there are no do overs  once you are gone . no one ever thinks there is anything wrong with their documents while they are alive or not incapacitated. it is the heirs that find out .


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## Camper6 (Jan 10, 2020)

After you get one prepared and you read it. Do you understand it? With all the legalese I do not.


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## mathjak107 (Jan 10, 2020)

Camper6 said:


> After you get one prepared and you read it. Do you understand it? With all the legalese I do not.


i never met a will or trust i didn't like... they all look good unless you are experienced and know where the pitfalls lie. so i would never trust the work of anyone  i don't know .. we did a lot of research on the attorney we used . he happens to be one of the most respected estate and elder law attorneys in ny


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## StarSong (Jan 10, 2020)

fmdog44 said:


> To me when in doubt bite the bullet and seek an attorney. *It I not for you because you will be elsewhere but consider those you want to pass your stuff on to*. Consider also how up-to-date are you with the ever changing laws in your state?


Yup.  Just like life insurance.


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