i am 39 years old, and don't have a will yet. i know that i need to have one done, for both me and my wife. i have two kids. having no experience with this, can you give any advice about what i should do as far as stating what i want in the will. can any attorney do one, and about how much will it cost. thanks for any information in advance.

If you have a minimal estate and do not need to consider estate planning for tax purposes, the below is a very cheap way to execute a valid and binding Will.

There are others here who have vast more experience in this field than I, as I always refer my divorce clients to others for the preperation and execution of their wills.

The problem Mr Powell is that your a cop so it may be tough getting past the "sound mind" part!! grin

Please see below:




Holographic Will

A will written entirely in the handwriting of the Testator is called a "Holographic Will". Thus, a single piece of paper that says nothing more than "This is my last Will. I give all that I own at my death to XXXXX", and that is dated and signed, is sufficient to be a valid Will. However, if any part of this writing is not in Testator's own handwriting, it will be held invalid. In addition, upon Probate of the holographic will, the court will require proof of a person familiar with the Testator's signature to proof the genuineness of the document. A holographic will does not have to be witnessed.

i am not a cop. you may have me confused with someone else, but thanks for the reply.

I did confuse you Mr. Powell. Sorry. If you need more, I'm happy to offer you some further help as will some of the other fine lawyers more versed in this field of law. You may wish to go PM though as questions about your assets and wealth need be addressed to properly advise you.

That holographic testament will probably be valid in most states, but it's worth spending a couple of hundred bucks to get a simple form will done by a lawyer in your state, if you have enough assets to worry about it in the first place.

a follow up question. i will inherit some land from my father. approximately 120 acres. i do not intend to ever sell this land, and when i die, i intend to leave it to one of my children, probably my son. i do not wish for him to ever sell it either, as this is something that i know that my dad worked hard for. is there any way to specify this, and make sure that it is not sold after i die?

Talk to a lawyer. It will probably be cheaper than you think and it could help you avoid some pitfalls that could come back to bite your loved ones.

Just a few general thoughts for you before the experts speak.
First, use an attorney. Don't use software or do-it-yourself type kits.
While any attorney can prepare a will, make sure you to use an attorney that is experienced in drafting wills.
This attorney must be someone and with whom you are comfortable talking frankly about your intentions and the details of your particular situation. Costs vary widely so don't be afraid to ask for a price up front.

As to the land, you probably would want to set up a trust rather than to devise the land to your son. A life estate could also work.

Just spend the money and have an attorney draft it. Holographic wills are not valid here in Washington and might not be in your state. Plus you can have a power of attorney done at the same time. It will determine who can do what with your money and stuff if you are ever incapacitated. Also if you are in a persistent comatose state, do you want to be unplugged or be kept on life support?

There's a lot to consider, and an attorney will help you identify and solve problems you haven't even thought of.

Good luck!
(and yes, I'm an attorney)

A current will? It will save your family much heartache upon your demise. Further, I offered when I was in private practice, and recommend today: Make a will, a living will, power of attorney, and designate a medical proxy. Someone who can be YOUR mouthpeice if you're brain is peanut butter but your still technically alive. Where I practiced, a simple will (ie no trusts, no abnormal tax problems, plus a living will and medical proxy costs less than $750. Often as little as $400. Then update your will as you see fit. That will cost even less, but its money well spent compared to having your family battle over your things or debating in court what your actual wishes would be should you be on life support. Our State Bar has a nice pamphlet handout.

Dang Isaac, I think you just left a sponge in that dude. Wait...that's a doctor.

I did think I was offering you some help. Oh Well! Your just getting in a dig b/c of the sound mind thing aren't ya?--grin

This one would be to easy.........

Touche again smartass!

You're just tired, we understand.

Thanks Scott. I trying to stay awake so I can learn how to bake a pecan pie!

Me also.....

I do appreciate the help, I just want to make sure the bill goes to the correct address.:)

I agree with the trust idea, but your father should have one in order to get the land to you with the least hassle. You need to do your research in a more appropriate place, 24CF just isn't going to cut it on this one. Look at Nolo Press here on the good old I-Net as a starting place for well researched books on the subject.