How do I go about getting a will made?

Reasonable Doubt

Senior member
Nov 18, 2009
698
2
81
I checked Google and I'm still kind of confused. Has anyone ever had one made? If so what's the best way to go about getting one made?
 

BoomerD

No Lifer
Feb 26, 2006
66,326
14,729
146
Call lawyer
make appointment
go to appointment
divvy up your stuff

done
 

Red Squirrel

No Lifer
May 24, 2003
70,662
13,834
126
www.anyf.ca
Yeah see a lawyer, book a time.

I need to do that myself actually, I never think of it. I don't have any dependent but I can at least have my assets go to my family and not the government.
 

brianmanahan

Lifer
Sep 2, 2006
24,634
6,015
136
i am using quicken willmaker 2016 right now

got it a few days ago and am almost done, then just have to print it off and get it signed/notarized
 

MadScientist

Platinum Member
Jul 15, 2001
2,183
63
91
I used Quicken Willmaker 2011 5 years ago to make my will. Works well, walks you through the process. I took the completed will down to my bank and they notarized and witnessed it for free.
 
Last edited:

Triumph

Lifer
Oct 9, 1999
15,031
14
81
Why the fuck do you need anyone to help you?

The shortest known legal wills are those of Bimla Rishi of Delhi, India ("all to son") and Karl Tausch of Hesse, Germany, ("all to wife") both containing only two words in the language they were written in (Hindi and Czech respectively)[10] The shortest will is of Shripad Krishnarao Vaidya of Nagpur, Maharashtra consisting 5 letters as, “HEIR'S”

The courts are generally quite liberal in fulfilling your wishes according to your will. It doesn't have to have legal language in it and it does not have to be a formal document. Legal wills have been created in crayon on the back of a napkin or a paper bag, and composed of no more than a couple of sentences.
 

Engineer

Elite Member
Oct 9, 1999
39,230
701
126
My wife and I have talked about this (just a few days ago). Once you complete one (say using Quicken Willmaker), get it signed and notarized, then what? Does it need to be filed at a courthouse or something? How do others know you have one if you die?
 

Imp

Lifer
Feb 8, 2000
18,828
184
106
I was looking up other legal stuff in my area and found some local firms with fixed rates, IIRC.

I have to take care of that sometime soon -- not to make sure my shit goes to people but to make sure it stays away from a bunch of assholes. Fuckers are getting nothing.
 

Miramonti

Lifer
Aug 26, 2000
28,653
100
106
I bequeath to you my Quicken Willmaker 2012. When I die, I'll send you a torrent to download it.
 

Charmonium

Lifer
May 15, 2015
10,555
3,547
136
You can try creating a holographic will - one completely in your own handwriting and signed. This makes the will 'self-proving' - if I remember correctly.

The problem with an HW however is that not all jurisdictions recognize them and criteria for a valid one vary. Also in some jurisdictions it's not good for real property.

I carry a holographic will in my wallet that specifies a single beneficiary.
 

Exterous

Super Moderator
Jun 20, 2006
20,576
3,763
126
You might want to check out your states' laws regarding probate court. Leaving a will generally requires going through probate court where it can be contested if anyone is so inclined. Some states allow for Expedited Probate if your estate is under a certain amount. Otherwise the process can be quite lengthy (in excess of 1 year) and costly before assets are distributed. This is variable by state so YMMV

Trusts can be good ways to avoid probate court and, therefore, eliminate those costs, time and potential contesting of your will. The downside is they cost more to setup and maintain.

Still it might be something to consider as death and money do strange things even to otherwise normal and loving families. You can go to pretty much any financial forum and find lengthy threads discussing all the horrible things that have gone wrong with estates. Trusts won't necessarily do away with all of those but do cut down on the areas where things can go wrong.
 

MadScientist

Platinum Member
Jul 15, 2001
2,183
63
91
My wife and I have talked about this (just a few days ago). Once you complete one (say using Quicken Willmaker), get it signed and notarized, then what? Does it need to be filed at a courthouse or something? How do others know you have one if you die?

Laws vary by state. https://www.nolo.com/legal-encyclopedia/self-proving-affidavits.html
https://www.nolo.com/legal-encyclopedia/executing-will.html

My state,TN, allows wills to be self proved. I keep hard copies of my will in our home lock box and in our bank's safe deposit box. You should tell the executors of your will where the copies are located and they should have legal access to them.

You do not need to make a self-proving affidavit to make a valid will, but a self-proving affidavit will help your will move more quickly through probate.

When my father passed away in NJ a few years ago he had a self proved will. My brother was the executor of the will and had no problems proving the validity of the will to the probate court. Of course a copy of his death certificate was also needed.
 
Last edited:

TheGardener

Golden Member
Jul 19, 2014
1,945
33
56
Anyone who is having a will made up, will want to have a Healthcare Proxy with an Advance Directive (i.e. when to pull the plug).

If you are rich, you better have a trust, so you're family doesn't get screwed, when you are in the care of golddiggers.

Sumner-Redstone-and-Sydney-Holland-pics.jpg
 

kranky

Elite Member
Oct 9, 1999
21,019
156
106
Borrowed Quicken Willmaker from the library. That made me work through the thought process of the estate, healthcare directives, living will, etc.

Once that was all thought through, I summarized all the desired outcomes in a Word doc. Took that to the lawyer to have implemented. He cut me a break on the fee since we didn't have to spend time talking over everything - I had come in with all the answers.

Willmaker might have been OK on its own but I wanted to be sure there were no state-specific issues that might be a factor.

[Unrelated to wills, but relevant to odd state-specific legalities... in PA, you and your SO can apply for a marriage license, then grab two witnesses and simply verbally declare yourselves married. Witnesses sign the marriage license, file it, and you're married. No need for a JP or clergyman.)
 

TheGardener

Golden Member
Jul 19, 2014
1,945
33
56
And Power of Attorney. That's for when legal and banking stuff has to get done, and you can't do it. It's expires upon death.
 

Jeeebus

Diamond Member
Aug 29, 2006
9,181
901
126
Check out Legalzoom. I just checked them out to create a provisional patent.

And one of the co-founders of Legalzoom is this guy: https://en.wikipedia.org/wiki/Robert_Shapiro_(lawyer)


Take this with a grain of salt as I am an attorney and am somewhat biased here, but be VERY careful with any sort of form generating program/website, especially Legal Zoom.

I have a case right now where a family used Legal Zoom to create a power of attorney for purposes of having a certain family member assist with medical decisions. The boilerplate spit out by Legal Zoom allows this family member to make gifts to himself and to others. This person stole $600,000.00 and is now using the power of attorney as one of his defenses in the case. While I think his case is bullshit and he will ultimately lose, it's a solid example of why having a lawyer actually read through what you're signing is a good idea.
 

dullard

Elite Member
May 21, 2001
26,066
4,712
126
While I think his case is bullshit and he will ultimately lose, it's a solid example of why having a lawyer actually read through what you're signing is a good idea.
How would you personally suggest people choose a lawyer? Or, for a simple will is one just as good as another?
 

BurnItDwn

Lifer
Oct 10, 1999
26,353
1,862
126
I never set up a will, just set the beneficiaries on my life insurance, gave most to woman, but put my bro down for 10%, that way, if I am out with him, and succumb to death, then he will be investigaged/harrassed as a possible suspect.
 

Charmonium

Lifer
May 15, 2015
10,555
3,547
136
How would you personally suggest people choose a lawyer? Or, for a simple will is one just as good as another?
Most libraries will have a set of Martindale-Hubble listings. I think they include specialties in the listing. But be aware that these are paid listings.