Need Info on Will

Hi A.,

You can go to www.uslegalforms.com/dave and get a state specific will for only $15. It is a promotional price and I don't know how long it will last but from what I understand it is pretty easy to do. Good luck.

Everyone needs a will! My father in law died in October of last year and it has been a huge mess. There is a great Attorney named Lewis Ward that does them at a very reasonable price, less than $300 for a simple will. Here is his contact information, ____@____.com and his phone number ###-###-####. He is a very nice man and one ou can trust. He has helped my family out tremendously through out this whole ordeal and with other issues when my father in law was alive.

Oh, the reason he is so low cost is that he feels that not everyone can afford a will but everyone needs one. Also, be carefule with online forms and the ones in the OfficeMax stores. I have a friend whose mom used one and it was one word off causing all kinds of problems. It is going on 2 yrs and they are still in probate.

P.

I filled out a will from legalforms.com. It's easy and they will email it to you. You just fill out the items in bold, have it witnessed and notarized. It cost me $60 but that's one for me and one for my husband. I did it for the same reasons you are looking to do one.

Go to Legalzoom.com. It's very affordable and you can do it on your own.

Good luck!

L.

My husband and I are doing the same thing. From the library we checked out "Nolo's Simple Will Book" by Attorney Denis Clifford. You can also buy online. It tells you everything you need to know. They even have sample forms on a CD.

This should be all you need! NOLO writes wonderful books on legal advise for non-lawyer people.

Good luck!

Buy Quicken Willmaker. Overstock.com has it for $30. It is so easy to use and valid in whatever state you live in. Besides the will, you can do other legal forms you may need. I highly recommend it. For your will, you just need to sign it in front of 2 witnesses. Hope that helps.

Are you military, by chance? If you are, they draw up wills for free on base. If you are not military, you can have a will drawn up online for pretty cheap. I just had my will drawn up on base for very similar reasons. I have a peace of mind now that my four and two year olds will be in good hands if something were to happen to me. I've heard that you can go through www.daveramsey.com and have your last will drawn up for 15.00, which I think is pretty good. He is a very reputable money man and would not have any shady link on his website. I just looked it up myself, and if you go to his website, just type in "wills" on the seach engine in the site, and it will take you right to the link. Good luck.

In your insurance policy, put your child's name down as beneficiary. You can put what that you want him to inherit the finances at 18 or 21. You can put half at 18 and half at 25. Whatever suits your needs. This takes care of finances without a will. NO CONTEST.

I can completely empathize with your situation. My husband and I worry about the same thing because our siblings are very young and parents do not have the same type of parenting philosophy that we do. If you live in Austin and have some time this weekend, I would suggest you consider attending the Austin Bar Association's People's Law School at UT. I haven't been in a few years, but the one time I did I got great info and felt better educated before I met with a lawyer. There is a specific class that is offered about wills. Here is some info: http://www.austinbar.org/pages/PLSmain
Saturday February 23, 2008
8:30 a.m. to 1:30 p.m.
UT Law School Campus
Open to the Public

I researched drafting a will online after my daughter was born, and found out that in Texas, you can draft your own and have it signed by 2 witnesses who aren't related to you, and it will be legal. I copied some of the wording from a few I found online, but it was pretty short. Maybe you can just draft one up for you and your husband, naming your mom as caregiver of your children, and get him to sign it. Although at that point, he may want to add some other things, but at least it'll get the process started. Good luck!

We purchased "WillMaker" software from Office Depot. I believe it cost around $40. The program walks you through all aspects of making a will, generating an official will to print, sign, witness & notorize. I suggest giving a signed copy to your mother. Good luck.

I am going the exact same situation right now with my ex-husband. I want my mother to raise my kids. It's hard because the courts will usually side with the biological father, but at least it would give my mother something to fight with.

I would get an attorney! My is charging me around $500 to set my will and trust up for this. That way you are positive it is legal and cannot be challenged by others. I even have a clause in mine that states that if anyone not specifically listed in my will challenges it, then my estate will bequeath them the sum of $1.

Good luck. If you have children you really need a will. Tell your husband he needs to look out for your family if something should happen. If you don't then all the decisions about everything will be up to the courts to decide.

J.
www.livetotalwellness.com/janislanz
____@____.com

A.,

I actually work for a company that helps families get set up with a will. You will get a form mailed to your house that has questions for you to answer. You simply answer the questions, mail it in and they will send you a legally binding will. The program is specifically designed for middle income families, so it is very affordable. It comes with other very valuable features, for example, the ability to update your will every year for free and only $20 for the spouse. If you want more info please feel free to send me a message if you want more info
A.

Go to your public library, Office Depot, the internet. There are many books with sample forms available for you at the library and Office Depot/Office Max may have forms for you to use. I may even have something (I have sample will forms). Should you die before your husband, what he does is his choice; should you both die while the child is still a minor there is a possibility that your child may not go to either grandparent; but become a ward of the state if there is any controversy amongst the grands. I am a grandmother. I don't believe it's an automatic transfer of legal guardianship to the grands of our children. YOU MUST put something in order and assign your mother as legal guardian and if he is to inherit any monies, you may want to add a codicil to the will stating your desires as to when he can get the money; if the legal guardian will have access (be specific)....there are lots of things to consider. Hopefully this helps.

My 2 cents worth: Please, please do a will, statutory durable power of attorney, power of attorney for health care, directive to physicians, family & friends (living will), HIPAA authorization and designation of guardian should the need arise. While I believe everyone should have a will, I also believe we should do everything we can to avoid the probate process. I recall reading that someone suggest you designate your minor children as beneficaries to your insurance policy. If you do this, some insurance companies require establishing a court ordered trust, even if the other parent of the child is trustee.

You can get most forms off the internet. Just go to google and you kind almost anything.

I feel your pain. One of my biggest fears for the last 12 years, is that something would happen to me and who would raise my son. I am divorced and have since been re-married for the past 8 years.
Unfortunely, I know things do happen. My brother and his ex-wife have both passed away within the last 2 1/2 years, leaving (2) teenage children. Worst of all, with no living will.
Go online. Talk to your spouse and mother. Write down what you want and get it notorized. That is at least a start.

You should absolutely go to an attorney. In the meantime, Texas is one of the few states in the country that honors holographic wills.

A holographic will is a will written out by you in 100% longhand, signed, and dated. It does not require witnesses, though they are helpful to have, or notarization. Since dh and I do not have an attorney and flat out cannot afford one, we have each made a holographic will in case of emergencies.

There are websites that offer cheap (around$25) wills. We used Legal Zoom. You just basically fill in the blanks and have it sent to you.

I have a 6 wk old and my husband and I are starting to do our will. We are going to an attorney who specializes in writing wills. I want to make sure that everything is done properly and that all of our assets are put into a trust for her.

As for your MIL, I understand. I have a great relationship with my MIL. But, I do think she is a space cadet and she does not have the same values I do on religion and discipline. I have spoken to my husband, in the best way I could without hurting his feelings. We have agreed to leave them with my parents for many reasons. I do think you need to work this out with your husband. These are your children and their lives.

My suggestion is to find an attorney who specializes in writing wills. This way everything will stand up in court and your children will not only be raised by someone who has your same values but they will be taken care of financially.

I am not a lawyer, but have gone through the will process. First, unless your husband dies too, he will get your child and it will be up to him to decide what happens to your child during the day. So it is him you need to convince and talk to. You can't control this with a will.

Also, you don't HAVE to go with your husband to get a will, but it is all in the order of events. If he dies first, then your will rules the custodial arrangements for your child. If you die first, he will (or his will) control the custody issue. So it is good to be on the same page for this reason (even if it is that you die within hours of each other.. it is an order issue). However, if he dies without a will, after you, I have no idea what would happen. But if he dies without a will, and you a still alive, you will have a big mess on your hands (depending upon the state you live in, I am sure).
We got a will as soon as we had a child... you can make it general if you are planning to have more kids (say something like 'our current and future children). Our process cost about $600 for both, with an attorney. It is pretty costly.. you might be able to write something and execute it with your city, county or state government. You should google it with your state and see.
Good luck.
KC

There is a site called legalzoom.com that is suppose to be very easy to use. From what I've heard it's around $75.00 which is waaay cheaper than an attorney. I was recommended the site from a very legit source when I too was looking into having a will made....which I still haven't done, unfortunately! Good Luck!

I work for a Probate/Estate Planning attorney. I can not emphasize enough how important it is to have a Will, and it wouldn't hurt to have a Power of Attorney drawn up either. I hate to admit this, but after working here for 8 years, and have 2 children, my husband and I just executed our Wills. I knew it was something that had to be done, but no one wants to think about that kind of stuff. I've seen too many knock down, drag out fights with families becuase people didn't have a Will. Depending on the size of your estate, you can write your own in plain terms, or have an attorney do one for you. Most attorneys are reasonable with estate planning documents. But from what I've read the responses here and these ladies are all correct.

Yes there sites at places like freewill.com or you can start there>Robert Shiparo started one you could maybe go to his web sited.

Hoping you find would you need. Have had too many friends that kept saying we have time and now they don't so try to get something worked out soon.

Thanks Texasbelle

You and your husband really need to talk and make this decision together. You are talking about who would raise your son if something happened to the both of you. Y'all need to be in agreement on this one. When discussing this with him, you don't need to express your differences with your MIL. The simple fact that she is on meds tells me that she is not healthy enough to raise your son for the next 16 years if something happened to both of you tomorrow. You could be putting your son in the position of having no guardian at all if you named her, and her health took a turn for the worse. However, you need to consider the same about your own mother. Is she healthy enough that she can raise your son for the next 16 years if something happens to you and your husband? Whatever decision you make, you need to make it with your husband, and you need to make sure that the person you name as guardian is okay with that.

I once bought a will kit and it said in small letters (on the inside so you can't return it b/c it was already opened) that it is not valid in the state of Texas. Different states have different laws on this.

I would contact a lawyer and see what can be done. If your husband goes first then you, I imagine your will matters. Make sure he has one, too, though, or you have a joint will in case you both go at the same time. Without a will, if he goes first your property can be stuck in probate for a long long time and you might not have access to your assets that are currently in his name.

I would seriously try to consider working out a scenario with your husband that you can agree to sign on in front of a lawyer. Maybe that your mom gets custody (what if your mom passes first?) but MIL gets visitation rights (supervised if you can work that in).

I appreciate your dillema. It sounds a little like mine.

Good luck and I'd love to know what you find out as I need some similar advice.

I didn't see where anyone mentioned about a living trust. I was told that a will can be fought for years and all of your assets used up in the process. I was told that a living trust is the most effective way to get the turn out that you want. good luck finding out the best procedure.

What state are you located in? Different states have different laws regarding Last Wills. I could email you a standard format that you could fill in with your own personal information, but I need to know what state. Be advised that regardless of what your final wishes are in the even of your demise, the courts can always overturn your wishes if a will is contested.

Every parent should do a will for the purpose of protecting their children and providing for them in case of a misfortune. Your spouse needs to understand that it is in your childs best interest.I knew a family that had a 2 yr old and the grandmother was watching the child while they went on a weekend getaway and the parents were killed in a car accident. you should have 2 designated families to take care of your child in case the first family cannot do it. You need to talk with your spouse and find 2 that you can agree on. You might want to stipulate that whoever takes care of your child be screened by an outside expert to see if they are fit to serve as guardian. If you should die first, then it is really up to your spouse to take care of your child. I don't see how you can cut him out of the care of your child since he is the father. As the father he can chose who he wants to take care of your child while he works. You will not have a say after you are dead,. You might make your mom be watchful and see that the child is not being neglected and she could always call CPS if she felt the situation was dangerous for him. Call a good family lawyer and spent the money about 150.00 for a consultation. Then you could go to your husband with the details and you both could work this out. Good Luck!

Ali
Its great that you are thinking ahead. All families with children need a will in order to determine what occurs once parents are deceased while there are minor children. I can understand being in a difficult position between your mother in law and your husband, where you and his mother do not get along. If you are going to write up a will you and your husband should talk about it together, even the difficult parts, like not wanting his mom to care for the children. Also, i would be more inclined to choose someone to care for your children who are closer to your age such as siblings, friends etc. Also, it is important that you ask the people you chose to care for you children if they are up to the task. Good luck with getting your will written up. Remember this is a great time for you and your husband to talk to eachother about your wants and needs

If you die before your husband, he gets the baby. And he decides what happens to the baby. If he dies then it's all on you. Such important matters like this you don't want to find a cheap or mail order anything. Save the money, go to lawyer and get it done right so no one can contest anything you would like to happen. Talk to your husband about your mother being guardian to your baby with out mentionin how repulsive you find his mother. Make it all about your mom and not his. Then yall can go together. Good luck.

I do not know too much about making wills out. My husband and I made out a will together when our kids were little giving instructions about different people(my brother and his wife, or my husband's brothers and their wives) taking care of the kids. We had it notarized and my Dad put it in a locked box at his bank in N.Y. Now, my kids are 25 and 30 and we need to make out a new will. I understand your feelings about your mother-in-law. I have been really blessed with a good relationship with my mother-in-law. We worked at it at first and now I feel as if she is a second Mom to me. I am sorry that you and your mother-in-law do not have a good working relationship. However, I do not see how you could make out a will involving you and your husband without being honest about your feelings and instructions about your kids. If you are still with this husband, you need to work together on the will. I feel that you probably need to get a lawyer to make a very legally binding will because you have such strong objections to your mother-in-law taking care of your kids. J. K.

If i was you you have waited long enough i think it so important when you have kids to always be prepared my mother was involved in a car accident and passed away i had just talk to her that morning. I think your husband does want to think about making the will because who wants to do that.my husband was the same but i had to really talk to him about what if something happen to us and we have our life ins $$$ how would that be seperate between both children and who would take care of them and not blow all the money and not really take care of them. I know u would love for your mom to have your son but i knew my parents we to old to take my children so we chose my daughter god parents they are the same age as my husband and myself so thats who we named in our will also to because i did not want my kids to go to my mother in law also. We did go to a attnorey but yes it can be very costly you can probley google something on there to be legal what ever you do make sure you take it to a notary. And you and your husband agree on the couple that will be raising your son because don't forget she could state grandparent rights. My mother in law tells me that but she is unware we have already did our wills and named the friend in charge i guess she will be really surprise but i knew if i said something to her it would cause conflict with her and my husband. So the people that have copies of our will are the attn/godparents and thats it. But now its in ____@____.com of our wishes so know one can fight for what we want for our kids good luck to you. M. m

You wouldn't be "writing her out" you would just be "choosing" someone else to take your child. If the MIL is truly as bad as you say, then your husband should agree with you. My husband and I had 3 sets of grandparents to choose from. One is my mom, a single grandmother who has to work, so she wasn't it. My husbands parents are out because of FIL's past drinking problems, and my dad and step mom are workaholics. So we talked to dad and step-mom and they agreed that step-mom would quit working if need be (luckily they can afford this.) It was hard to decide, but we certianly didn't tell the other grandparents that they weren't picked, as we love them all. We got a legal will so there will be no dispute after our deaths. I don't think you can choose on your own who your son goes to. I'd work it out together with your husband. Do you have a middle ground, like a sibling who could and is willing to take him? That way, it's not one grandparent against another... The key is, you both have to agree, he's both of your son...

Oh boy, you definately want a will. My husband and I were in the same situation but we don't wany MY parents raising our kids. We went to a lawyer in Fort Worth and he had us pick the person who gets the kids and then two back-ups. You can also get a seperate document stating that you DO NOT want "xxx" to get your children under any circumstances.
Our financial advisor told us you can write a will from legal documents you can print off online and they are valid so you may want to look into that. I really suggest a lawyer but just get a will asap! Good luck!!

My husband is an attorney. I can't tell you how important it is to have a will. Try to convince your husband to do so. If the courts have to decide what's in the best interest of the child, it can be disastrous and costly. I believe you can get a simple will online. For the now, you need to take charge and get one started. You can also go to an attorney and have one written up the way you want and then have your husband sign it. Maybe he justs wants the easy way out. As far as your MIL goes, don't worry about that. Everyone picks one person close to them to leave the children too.