If you have experience with WILL preparation . . . update

[aboveH20]

Where to go for information about will preparation if not DIS?

I have been asked by a family member to research where to have a will done cheaply that will be acceptable to New York courts. From preliminary research it looks like the standards for a "good" will are fairly low. He mentioned We The People, which I've heard of but have no experience with. He's becoming weak so going to a lawyer's office is not the preferred route.

Anyone out there had an online will done (LegalZoom?) or used We The People AND had it successful probated?

(My husband and I had our wills done about ten years ago, a VERY simple will that probably only required the secretary to fill our names in their template and it cost $800, so I understand the $ concern.)

THANK YOU.

 

[starry_solo]

Do a search for New York State Bar Association sample will and came up with this

http://www.nysba.org/WILdown/

https://www.nysba.org/ESTdown/

I know California Bar Association has a sample will so that's why I searched for it.

Looks like NYSBA will charge for it but they let you see samples before buying

 

[aboveH20]

Wow, I can't believe the bar association has samples. I will check it out. Thank you so much for researching and posting the link. Unfortunately, time is of the essence.

 

[afan]

I would also look into probate. In WA the assets have to be x amount before it'll go through. I can't remember the number and know it's always better to have a will but it's something to look at too.

I think my parents used we the people for their first will etc but I think my mom found someone cheaper when she had to redo hers after my stepdad passed.

You should be able to find someone that can come to you/your relative as well. They don't all have offices and will meet you wherever.

And while cost is important if it needs to be done soon my concern would be getting it done and filled asap rather than the cheapeat option, especially if there's concern over contesting it or something, which I'm guessing there may be if he's now in a hurry. Also make sure that everything with it is on the up and up since it needs to be done so quickly and follow up to make sure it's filed otherwise it won't matter.

You don't have to have a will, it will just give your assets after creditors have been paid to thr next of kin, whether that's a kid or a long lost cousin. Obviously having a will is better but it's not required.

 

[aboveH20]

Thanks. Your point (about it being on the up and up, etc.) is my concern as well. There's not much I can do for him at this point other than make sure his wishes are carried out.

Without a will I'd be his heir (it's my brother with no other family) but within the last year he's met a woman and she's been amazing through this. He wants to leave the bulk of his estate to her (estate being the legal term, not implying he's rich by any means!). It will be so much easier if he has a will leaving stuff to her so I don't become the middleman.

 

[OrangeBirdGirl]

Hope all goes well with your brother and the will is not needed.

I would just go to a lawyer and make sure everything is in place. It'll likely cost more then on your own online, but it could be done relatively quickly. And, if he wants to make sure the women gets what he wants her to have, then he knows everything is covered and she will get what he intends. A lawyer did ours and there were so many things he brought up we didn't think of before. Even stuff as simple as car titled in my name would go to DH's parents and car titled in his name would go to my parents as hopefully we would not need the will for many many years and cars would change over many times my car would suit his parents better and vice versa.

Another thing if there are immediate health concerns, he could setup a funeral trust fund now (usually through a funeral home). That way his wishes for burial and anything associated with that cost such as flowers or the meal after the service is set aside in that fund. In our state, it is not able to be taken as an asset in the event medical bills rise or you have to go into a hospice or nursing home style facility.

On another note, go sub force! DH is a bubblehead.

 

[QueenIsabella]

Another vote for "find a lawyer".

We visited our estate lawyer just a couple weeks ago--nothing major, it had just been 20+ years, so we were overdue. She asked us a lot of questions we never would have thought of--she was extremely thorough. I have a separate meeting with her and my son (age 22, but has some issues)--she offered to come by the house in jeans, if it would make him more comfortable. She was very concerned with us all being at ease.

I would not just go the cheapest route--you may find out (too late!) that something got overlooked or doesn't meet the court's needs. Try to find a lawyer who specializes in wills and estates.

 

[MomToOne]

California has a simple template (actually spelled out in law) that if followed is a perfectly acceptable will. It's a pretty simple "I leave everything to X (or evenly distributed to a group of Xs)" sort of thing. (They also have an advanced health care directive and durable power of attorney templates - CA is actually pretty on the ball in this regard.) Research to see if NY has the same, if all you really need is a very simple will.

One of the biggest things to figure out is how it must be signed, and if it must be notarized in your state, or if witnesses are OK, and if so, how many and the info on the witnesses needs to be included (address, etc.)

But if it's anything more than a very simple will, an attorney really is best.

 

[kaytieeldr]

Legalzoom.com
Freewill.com
Unless he has a complicated estate. Then lawyer.

 

[aboveH20]

Hope all goes well with your brother and the will is not needed.

I would just go to a lawyer and make sure everything is in place. It'll likely cost more then on your own online, but it could be done relatively quickly. And, if he wants to make sure the women gets what he wants her to have, then he knows everything is covered and she will get what he intends. A lawyer did ours and there were so many things he brought up we didn't think of before. Even stuff as simple as car titled in my name would go to DH's parents and car titled in his name would go to my parents as hopefully we would not need the will for many many years and cars would change over many times my car would suit his parents better and vice versa.

Another thing if there are immediate health concerns, he could setup a funeral trust fund now (usually through a funeral home). That way his wishes for burial and anything associated with that cost such as flowers or the meal after the service is set aside in that fund. In our state, it is not able to be taken as an asset in the event medical bills rise or you have to go into a hospice or nursing home style facility.

On another note, go sub force! DH is a bubblehead.

Another vote for "find a lawyer".

We visited our estate lawyer just a couple weeks ago--nothing major, it had just been 20+ years, so we were overdue. She asked us a lot of questions we never would have thought of--she was extremely thorough. I have a separate meeting with her and my son (age 22, but has some issues)--she offered to come by the house in jeans, if it would make him more comfortable. She was very concerned with us all being at ease.

I would not just go the cheapest route--you may find out (too late!) that something got overlooked or doesn't meet the court's needs. Try to find a lawyer who specializes in wills and estates.

California has a simple template (actually spelled out in law) that if followed is a perfectly acceptable will. It's a pretty simple "I leave everything to X (or evenly distributed to a group of Xs)" sort of thing. (They also have an advanced health care directive and durable power of attorney templates - CA is actually pretty on the ball in this regard.) Research to see if NY has the same, if all you really need is a very simple will.

One of the biggest things to figure out is how it must be signed, and if it must be notarized in your state, or if witnesses are OK, and if so, how many and the info on the witnesses needs to be included (address, etc.)

But if it's anything more than a very simple will, an attorney really is best.

Thank you all for taking the time to reply. I'm always impressed how many people on this site are willing to share information.

I agree with the advice to see an attorney, especially in his situation. New development as of last night is that he is going to try for a quickie wedding. That will uncomplicate things just a little if his now girlfriend becomes his wife. He doesn't have the stamina to go to an attorney. His time is very limited.

 

[aboveH20]

Legalzoom.com
Freewill.com
Unless he has a complicated estate. Then lawyer.

I think that's the route he needs to take. I was hoping someone would be able to say they've used LegalZoom or We the People with success. Maybe that reply is still to come.

 

[1st*toright]

I believe the issue with LegalZoom etc. in some states is that the will still needs to be notarized, and in some states a regular notary may not be able to do it. It would spell out his requests, but would not be considered a binding legal document unless properly signed/witnessed etc. You may be able to find an attorney who could come to him.

 

[aboveH20]

I believe the issue with LegalZoom etc. in some states is that the will still needs to be notarized, and in some states a regular notary may not be able to do it. It would spell out his requests, but would not be considered a binding legal document unless properly signed/witnessed etc. You may be able to find an attorney who could come to him.

All of this sure understates the need to have a will before it's needed! I'm trying so hard to research as much as possible to lessen the stress on him.

 

[tvguy]

I'd do an estate plan and a will, and I would have an attorney do it. In many cases, a properly set up estate plan and will means no probate.

 

[SSRFred]

Where to go for information about will preparation if not DIS?

I have been asked by a family member to research where to have a will done cheaply that will be acceptable to New York courts. From preliminary research it looks like the standards for a "good" will are fairly low. He mentioned We The People, which I've heard of but have no experience with. He's becoming weak so going to a lawyer's office is not the preferred route.

Anyone out there had an online will done (LegalZoom?) or used We The People AND had it successful probated?

(My husband and I had our wills done about ten years ago, a VERY simple will that probably only required the secretary to fill our names in their template and it cost $800, so I understand the $ concern.)

THANK YOU.

A Legal Zoom Will or the like are fine in NY as long as the execution of the Will follows the NY statutory formalities. The testator (your brother) needs to state to the witnesses that this is his Will, sign his name at the end of the Will, in front of 2 witnesses, and the witnesses sign after him. There is no requirement of a Notary (who would be notarizing the witnesses signatures, not the testator's signature), but it makes probate later easier. If the witnesses do not sign a "self-proving affidavit" and have it notarized, the witnesses will have to be found when you probate the Will to later sign Affidavits.

I do this kind of work in NY and most often we have problems probating self made Wills because they are not signed or witnessed correctly. As many have already mentioned, you can find lawyers who will come to your home but they will charge more for the house call. You should call around to local lawyers. You may be surprised at how helpful and reasonably priced they may be.

If your brother marries his girlfriend and does not do a Will, as long as he has no children, his wife would get everything.

 

[barkley]

I believe the issue with LegalZoom etc. in some states is that the will still needs to be notarized, and in some states a regular notary may not be able to do it.

mobile notary services are pretty common most places and the bread and butter of their trade are people who for whatever reason can't travel.

New development as of last night is that he is going to try for a quickie wedding. That will uncomplicate things just a little if his now girlfriend becomes his wife. He doesn't have the stamina to go to an attorney. His time is very limited.

if he can't get out to go to an attorney a marriage might not be possible either-this is from a search i did on how to get married in new york-

• Regardless of whether you started the application process online, or will be filling out a paper form for a Marriage License, you and your prospective spouse must complete the process by appearing at the Office of the City Clerk in person, together and at the same time.

 

[afan]

I would still do a will as someone could question the marriage. I realize you've said it would all go to you as next heir since he has no kids and so I'm guessing there wouldn't be anyone to question it but familyis weird and you never know.

I was the beneficiary on my dad's very small life ins policy. He had parkinsons and dementia. I was never told that the policy was changed and it wasn't worth fighting about but I've no idea if it was changed when my dad was in his right mind or if the 2nd wife did it. I share this because you never know what people will do or expect both while watching someone die or after in grief. It's best to have all the i's and t's properly dotted. So I'd look more into the marriage thing first to make sure it's going to work before they do it.

 

[aboveH20]

Again, thank you to all who have taken the time to respond. I feel so helpless, because all he has asked me to do is to help with a will.

A Legal Zoom Will or the like are fine in NY as long as the execution of the Will follows the NY statutory formalities. The testator (your brother) needs to state to the witnesses that this is his Will, sign his name at the end of the Will, in front of 2 witnesses, and the witnesses sign after him. There is no requirement of a Notary (who would be notarizing the witnesses signatures, not the testator's signature), but it makes probate later easier. If the witnesses do not sign a "self-proving affidavit" and have it notarized, the witnesses will have to be found when you probate the Will to later sign Affidavits.

I do this kind of work in NY and most often we have problems probating self made Wills because they are not signed or witnessed correctly. As many have already mentioned, you can find lawyers who will come to your home but they will charge more for the house call. You should call around to local lawyers. You may be surprised at how helpful and reasonably priced they may be.

If your brother marries his girlfriend and does not do a Will, as long as he has no children, his wife would get everything.

Thank you for experience with New York. The lawyer who did my husband's and my first will was disbarred. The second one died. The one who settled my mother's estate retired. Underscores our need to get a new lawyer.

mobile notary services are pretty common most places and the bread and butter of their trade are people who for whatever reason can't travel.


if he can't get out to go to an attorney a marriage might not be possible either-this is from a search i did on how to get married in new york-

• Regardless of whether you started the application process online, or will be filling out a paper form for a Marriage License, you and your prospective spouse must complete the process by appearing at the Office of the City Clerk in person, together and at the same time.

You're right. I just did some research myself. The town clerk's office is less than a mile from my brother's house. I was wondering if they would make a "house call" under the circumstances, but their website doesn't sound very accommodating.

Life is short.

 

[Darcy03231]

I work in a law firm and you have no idea how many "cheap" options end up not complying with state law and the estate ends up doing a lot more work at a much higher cost than if the person had just gone to a lawyer in the first place.

Any reputable firm will go to him. I've worked in the legal field for over 40 years and it's not uncommon for people to wait to make their arrangements.

 

[kaytieeldr]

do this kind of work in NY and most often we have problems probating self made Wills because they are not signed or witnessed correctly.

Can the witnesses also be beneficiaries? If yes, OP and her brother could complete the LegalZoom* will, then he can sign it and girlfriend and OP can witness.

*or FreeWill, which is free, but probably nobody has had experience with it.