Living will

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scottydl

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I'm guessing several of you folks are forward-thinking enough to have a living will in place.  This is something my wife and I have not done yet.  Has anyone prepared the will themselves, through one of these do-it-yourself kits?  I'm thinking of a utility like Legal Zoom (I'm always hearing their commercial on the radio) or something similar.  If I can avoid paying a lawyer $300 for 10 minutes of work that I could do myself, I certainly will do that.
 
DH & I did our wills with a software called Family Lawyer.  After my father passed I helped my mom re-do hers with the software.  I also used it to prepare POA and medical POA for my mom.  All we had to do was pay a notary when a free one wasn't convenient.
 
You can use one of the many software applications to prepare all the appropriate documents but I would still recommend you have an attorney review them for proper wording for your state.  A living will is just one of several important documents that everyone should have prepared well in advance of the need.  This includes the different powers of attorney and, to me, the most important, a living trust.
 
Ned said:
This includes the different powers of attorney and, to me, the most important, a living trust.

I know that Legal Zoom covers all that, as I went through the living will preparation process so I could see what the total cost would be.  It was something like $59, with "Gold" and "Platinum" packages (extra $$ of course) that included the "right" to make changes to the will (up to 3 years for Gold, or lifetime for Platinum IIRC) at no additional cost for change.  Is that a gimmick, lawyer or not?  Should I ever have to pay someone else to alter my own legal wishes in the event of my death?  Legal Zoom also claims they will "file" your will in all the appropriate local places to make it legal.  What kind of filing is required?
 
Why it is wise to have a lawyer look at wills, living or otherwise, is that while YOU may know what you want, and write it down, that may not prevent some interfering relative from butting in and blocking it through loopholes in your language.
Rankjo
 
You can get canned, fill in the blanks, forms for nearly every state. Sometimes free or often under $10 at sites such as US Legal Forms. These forms typically cover 90-95% of the commonly chosen options for wills, powers of attorney, etc.  Google "living will" and your domicile state name and you should find lots of info and sample forms.

They don't have to be filed anywhere, but they do have to be available at the place and time of need, so you may want multiple copies in the hands of relatives or close friends. If you have a family attorney I'd file a copy with them, but you probably wouldn't be asking if you had an attorney on retainer.
 
No filing of these documents is required, but it's good practice to give copies to the executors for safekeeping while storing the signed originals is a safe place, like a safe deposit box.

Rankjo is correct, the review by a lawyer is to ensure that the documents are in fact legal in the state where they'll be executed.  A wording error could invalidate a document with unintended (by you) consequences.
 
Sam & I review our legal documents with one of the three honest lawyers we have ever known.  We have living wills, power of attorney and wills with copys given to each of our kids and a original in the safety deposit box.  Just a good idea.
 
Another software program is Nolo's Wlilmaker.  We've used it for living wills and wills for both my mother and ourselves.  Ours is fairly simple but if you have children from a previous marriage or other such complications, I would say to use these programs only as a starting point.  That is, they help you get started thinking, but laws vary so much from state-to-state that you might need to have a lawyer to make sure you're on track.  What you don't want to do is die intestate and have the state figure out what to do with your estate.  That might turn out to be exactly what you do not want!

Wills are something none of us really wants to deal with, but they are so important.  After my mother-in-law died we found buried in a drawer the start of a living will.  She had never discussed it with anyone, including her husband, but she had marked that she did not want dialysis.  And, guess what.  She was on dialysis for about a year without any of us knowing her feelings on the subject.  Luckily she was lucid just before the end and was able to make her own life-of-death decision.  But we survivors felt bad when we found that partially completed living will.  So I urge everyone to get going on it and please do discuss what you want with your family so they can, if necessary, make decisions based on what you really want and not on what you might want.

ArdraF
 
Another thing to consider when getting your legal affairs in order is to carefully consider all the folks you name as responsible! 
I agreed to be the  "Successor Trustee" for an aunt upon her passing.  Part of the Document signed included the standard Durable Power of Attorney for Health Care etc.  None of us anticipated that she would  suffer dementia and become "Mentally incompacitated"  and I became incharge of all her helath care decisons.  I'm happy to do it but when you sign up  you must really consider who you put in charge.  They have your fate in their hands!

Betty
 
Good point Betty.  Since she gave you that responsibility she must have been confident your decisions would be in her best interest.
 
I agree with Rankjo. For the small amount of money it takes to have a lawyer look over your paper work, it's money well spent.

They were talking about this on one of the morning shows today. Here in Arizona there are a lot of snowbirds. Some of them haven't changed their wills since they decided that they didn't want to go home in the summer anymore. When they die in AZ their wills may not be legal in AZ but were in their home state.

How is your will signed? In some states the signature has to be notarized,  other states require a witness, other states require two witnesses. If you do the will yourself and have it notarized and your state requires two witnesses then your will is not a legal document.

If you're have an estate as small as $20,000, if you pay a lawyer $200 that's only 1%. Small amount to pay to make sure everything is exactly as you want it.
 

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