<p>Spouse and I are thinking of doing an online will. Are these legit and valid? No minor kids.</p>
<p>They are legitimate and valid if the signing meets the requiirements of a will in your state. In Massachusetts, wills are witnessed by two people and a notary also signs the document. Unless the will contains provisions that violate state law (eg, disinheriting a spouse), it is valid.</p>
<p>Now, whether or not it does what you want it to do, not whether it will withstand a court challenge, is the real issue.</p>
<p>I don’t think an online will handles anything more than the most simple situation. One thing to know about making out a will is that there is more to the process than the will document. For example, last time I updated my will, my attorney had me change the beneficiary wording on some (but not all) of my financial assets. And she set my will up so hopefully my heirs will not have to go through probate at all when I die. I probably paid about $500 for her to do this (one will, as I was divorced at the time when I had this done). Probably a little more for two, but if they are sort of mirror images of each other, then I would say probably not double the cost. I think it is well worth it. Not just for whether it will stand up in court, but for whether it makes sense in the byzantine world of estate law in conjunction with your assets and your situation. I say go to an attorney.</p>
<p>I got so much valuable advice from my lawyer, it was SO worth it. For example, my house was titled in my name, and she legally had it shifted to my Trust. </p>
<p>When my mom died, the estate went to Probate. By shifting things, I avoided all legal expenses and probate for my father. I hope I have done everyone a favor by making my affairs straightforward.</p>
<p>An online will is probably better than no will, but professional advice is going to be much better for most people.</p>
<p>If we got in a fatal accident tomorrow, I would expect the lawyer who drew up our wills to help our children through the process of settling the estate. It will be easier for them to have someone to go to with all their questions and also know we trusted that individual.</p>
<p>To be fair, I have instructed my kids NOT to use the lawyer who drew up my will. I thought her office was sloppy in their work and kind of unprofessional. I know quite a bit about the estate and will process from my (pretty painful) eight year stint as an executor (soon coming to a close – whoo-hoo!). So I was comfortable that I got a will out of it that meets my needs. But I want my kids to use an attorney who does more estate and trust work than the person I used for this.</p>
<p>Seems ridiculous to pay that kind of money ($500+) for simple wills. If you have crazy family members or multiple marriages I could understand, but for simple “my spouse/kids get everything” I think an online will (from reputable site) would be adequate!</p>
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It also depends on how much “everything” adds up to.</p>
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<p>To be comfortable about it being adequate, I would have to ask my lawyer. :)</p>
<p>Thanks everyone. I know a lawyer is better but spouse and I are leaving the country for 3 weeks and I want something in place just in case. I know this should have been updated long ago. Basically we need… leave things to spouse… or kids if both die together. There are no minors or divorces or disabled kids to worry about so it’s pretty straight forward. </p>
<p>I was looking at the legalzoom website last night.</p>
<p>Indeed there are important aspects that are best handled after consulting with a reputable attorney. This is particularly the case where there are significant assets and it may a bit much for your kids or loved ones to handle (sometimes both parents may die around the same time and its a good thing to consider).</p>
<p>Please double check that you have the correct number of witnesses and notary as needed. For a temp method, an online will may be better than nothing.</p>
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<p>Not if you want to avoid probate… that $500 will be very well spent if it accomplishes that. I understand the OP’s need to get something done quickly, so the online is better than nothing right now. But a savvy attorney can save your heirs money after you die if things are set up right. So I still think the OP should go to an attorney after getting back.</p>
<p>A friend’s spouse decided to use an on-line will. Because of his not really understanding what he was doing and legal lingo, it turned out that all the expenses of settling the estate came from her share rather than from the estate as a whole before it was divided among the heirs. It was all in a seemingly simple bit of language written by someone who didn’t understand the process. I’m not sure how much it cost, but it was probably quite a bit. I guess on-line is better than no will at all, but you will be doing your heirs a favor by working with a lawyer.</p>
<p>A prepaid legal service will cost very little to draft a will for you.</p>
<p>What is a pre paid legal service and how does one find one?</p>
<p>We paid for an attorney who specializes in estates to meet with us and help us write our wills and trusts. They will minimize probate expenses, as well as provide some protection from creditors (tho we don’t currently have any creditors). </p>
<p>I know that hiring an attorney who was willing to write an estate plan for a relative saved at least 6 digits in probate expenses and helped make sure the relative’s wishes were understood and carried out. It was a bargain and provided peace of mind for all.</p>
<p>I have done a will with legal zoom as 2 of my friends. For us, it was very simple. What made it easier for us was having an adult daughter, Simple assets and the online process walked you through it. Need witnesses and a notary. Health care proxy can be done for free at your State’s.gov website. No need for a lawyer. The positives were, a will done very timely, less expensive and accessible.
If I had a large family, minor children, child with disabilities, a business, large amount of assets, I would have gone to a lawyer. In my case, it was not necessary.</p>
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<p>You have just added a major level of complication. </p>
<p>Are you “updating” prior wills, in which case you really need an attorney to make sure all the pieces work together. Or, will you revoke ALL PRIOR WILLS, and do a new one. That is easier to accomplish on your own. But, you still need to make sure you do the revocation properly.</p>