Lawyer vs Will Kits or Internet Will Services

[Mistee]

My husband and I want to update our Wills (we each have a separate one). If he dies, the house will be sold and the boys will receive 40% to be shared equally and I would receive 60%. I don't want the care of this big house by myself as the youngest boy is 27 years old. If I die first, hubby can stay or sell. My personal things would be given to my stepsisters like my jewelry, clothes, you know women things. I have two stamp collections and a credit union account that I had before I married that would go to one son at 40% and my hubby at 60% and life insurance policies made out to all the children separately and one niece. Hubby has life insurance policies with all of us being named as beneficiaries with me getting 60% of same and the boys 40%. That's about it.

Does the information above seem too much to trust to a Will Kit or a place online that is Better Business Bureau recognized? Should we see an attorney here in NY to write it up instead?

Thank you. I am a senior and as always appreciate the advice I have gotten here in the past.

[MonkeyMama]

I personally do not like online will kits or will software. The only nice thing I can say is "it's better than nothing."

These are the kinds of things you want done right. It's far cheaper to hire a lawyer and get it done right, than to deal with unintended consequences if something isn't done quite right. Some states are more complex, and I assume NY would be one of them.

[ActYourWage]

Check out USlegalforms dot com. It is a good place to start if you don't have a will or anything in place. It is state specific too and it pretty much lays out exactly what and how to fill the form(s) out.

[Slug]

We bought a will kit in 2007 where it sat unused. This year I took my company on the $7/paycheck legal benefit. Turns out you can get the will, POA, HC POA and other documents all through this benefit. My attorney said I basically got $2-3k worth of work out of her for my $200 bucks a year. Needless to say, I re-upped for next year. Might want to check benefits opportunities as an alternative. Still haven't opened the will kit.

[FrugalFish]

DH and I used Nolo's Will Maker Plus (great buy as a book w/CD on Amazon). Even if you do end up going to a lawyer for your will, the book is a fantastic reference. From what you posted, the Will Maker program would suit your needs and is easy to use.

An older woman I know wanted to use Will Maker, but her grown children insisted she go through a lawyer. Her situation was very straightforward and the lawyer used Will Maker to produce her will! She was a little angry she wasted her time and money. If you have any unusual situations or requests that need to be carefully spelled out from a legal standpoint, you need a lawyer, but if you just need to spell out what goes where in what percentages, you might be happy with Will Maker.

[Mistee]

I was watching the Suze Orman's Show tonight and she stated until November 22, 2009 she is giving away her Will and Trust Kit to her audience and to just go to her website and click on "Will and Trust Kit" and go to the gift code and type in the password "CNBC". She stated it is a $2500 value. It includes all of the forms that are required like Health Care Directive, I think Power of Attorney (lol short memory), but it has all the forms she has advertised as being accepted in all 50 states since 2004. She co-sponsors the kit with an attorney.

I thank all of you for responding. Frugal Fish I know someone who went to an attorney and he used the form from Will Maker also. My friend's response was the same...."I could have done that myself!"

My Will is pretty straightforward. I noticed today on Findlaw.com that they have Legal Zoom and it's Better Business approved! Perhaps the more complex one's Will is, the need for an attorney is best.

[Mistee]

I understand what is most important is to have two witnesses in front of a notary too. I believe I will go with Suze's version because she is adamant about the Wills being covered by the state where one lives!

[FrugalFish]

Mistee, my understanding was that Suze Orman's kit is based on California laws (or use to be?). If you live in CA, that is fine, but rules do vary from state to state. The Willmaker program is very specific for each state, and the laws do vary widely as to what you need to do to make it legal. Willmaker even prints out a state specific instruction sheet. I am in CA and could either have gone to a notary or had 2 witnesses- my option while filling out the form. Some states require that the will be filed with the county- it all depends.

Willmaker also includes the other forms you mentioned, and then some. BTW, Willmaker is only $31, book and software, from Amazon. It has been money well spent for us.

[GrimJack]

I suggest that you have a lawyer go over the will if you use a kit. The law does not use the same language that we use - well, actually, it uses the language much more precisely that we do. Also, lawyers will have way more experience so a lawyer can look at your will and say "hmm, have you considered what will happen in this instance?" or "do you mean this to happen?"

I am not a lawyer nor related to one but I have seen some weird things happen when non-professionals 'try this at home'.

[snafu]

Like you, DH and I have straight forward bequests and used Will Kits from the stationary store. We completed them and took it to our family lawyer for review and to have him witness signatures since we were there to sign the documents for the sale of the house.

The kits were excellent, easy to follow and our lawyer thought they were better than the forms he's used for years. If I were doing it now, I'd choose Suzie Orman's forms. You also need POW, Living Will/Health Care Directive and possibly set aside a sum for future grandchildren.

[b4freedom]

There are a few things you shouldn't be cheap about. One of those things is the law, and another thing is life and death. As a will is about both, then you should get a good lawyer and fork over a few hundred bucks to get it done right. Why mess around? All it takes is one silly little mistake on your end and some emotional relative with an aggressive lawyer to screw up all of your wishes. When it comes to life and death, people don't think straight. So, don't mess around, just get it done right.