Legal Documents

angeltennis3 · October 2014

I am pretty sure there was a thread about this at one point but My searching skills are useless. This is something we should have done before now, but it just never became top priority.

I want to set up a will in the event that something happens to me or my husband. I imagine it would be pretty basic (leave everything we have to any children, divided up equally). Who would get custody of our kids, etc.

So two questions:

1) where should we start to set this up? (Contact a lawyer? Is there an online legal document generator you would recommend since what we want is so basic?)

2) are there any other legal forms we should consider, as well? Such as naming who would be responsible to make medical decisions on our behalf of we are unable?

MrMrsandBaby · October 2014

I advise using a lawyer. In addition to the will consider power of attorney for each other.

Jennifer18131 · October 2014

I always recommend going to a lawyer for any legal document. Those online forms like legal zoom are usually created by non attorneys or attorneys not licensed in your state.

While you're getting a will, I would recommend a medical power of attorney and advanced directives. Most estate planners will offer package deals.

windwithfingers · October 2014

I did this after DH passed away this summer. I went through a lawyer who is a friend of my dad's. Like @Jennifer18131‌ said, I made sure to do the medical power of attorney (I named my mom) and also made a living will for if I'm ever in a persistent vegetative state.

angeltennis3 · October 2014

Thanks! We will have to look into finding a lawyer to use. I appreciate the help!

BreandMikewedding · October 2014

I agree with going to an attorney. Also, I suggest adding your kids (or whoever would care for your kids) as payable on death to any bank accounts.

AmandaJean12 · October 2014

Definitely use an attorney, because the laws vary from state to state and the online forms are really not reliable. Plus, an estate planning attorney can talk you through options beyond a will, like setting up a revocable trust and such, which may be a better fit for your family than just having a will.

And while you're doing legal stuff, having health care directives is always a good idea. Most attorneys that do estate planning will talk you though all of those options as well.

...says the attorney who still hasn't done her own

Thanks for the reminder!

Mewwwwws · October 2014

We just went Friday to set up revocable trust , will , dpoa , and used a lawyer my in laws used for their trust. Using a lawyer is advised - they can walk you through the steps, point out specifics to your particular situation. And file the documents with the appropriate places. If you have legal insurance through you work then it might cover the cost to the attorney.

bennikki · October 2014

We used a lawyer for the legal stuff (who's in charge of our estate in the event of minor children, selling off of our businesses, guardians), but we worked with my sister, and RN, for the health care directives. I know it differs from state to state, but Power of Attorney often doesn't have much actual "power" when dealing with health care issues.

My sister used to work for the resource center of our local clinic, and their goal for the time she worked there was to get 50% of their patients to have completed health care directives in their medical records, so my sister got everyone in our family to sit down with her and get one filled out. We're so glad we did because shortly after completing ours, DH was diagnosed with cancer. It was a highly "curable" cancer, but he had to undergo two surgeries, and it was so nice to know we had all of his wishes clearly laid out in the event that something happened. It was also good to know he made these decisions without the stress of knowing about his cancer or other health concern.

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