Best way to set up a Death Will

• Pick6

  

  Spin off of Belly's thread.
  I dont really know anything about death wills. However, since I'm the oldest, my mother asked me a while back how I'd like her to set up her will. Assets would be split between me and my sister, possibly step brother and step sister as well. She really doesn't have any big ticket items that would increase in value over age (like a 69 Camero SS or something of the like). Is it best to just take the assets and keep what you want and spend time trying to sell the rest or hire some sort of agent to sell off all of her belongings to save us the hassle(if that is even possible)? Or are there other options?
• dwccrew

  

  Yeah, speak with an attorney. Probating an estate can become difficult if the Will wasn't setup properly.
• Fly4Fun

  

  dwccrew;1102594 wrote:Yeah, speak with an attorney. Probating an estate can become difficult if the Will wasn't setup properly.

  +1
• Timber

  Make sure they also set up a Living will... saves a bunch of problems if she is on a breathing machine/coma, etc.
• Fly4Fun

  

  Timber;1102763 wrote:Make sure they also set up a Living will... saves a bunch of problems if she is on a breathing machine/coma, etc.

  Any attorney worth their salt should broach the subject... if not, you should probably seek a different attorney. But good point.
• Quint

  

  Pick6;1102587 wrote:Spin off of Belly's thread.
  I dont really know anything about death wills. However, since I'm the oldest, my mother asked me a while back how I'd like her to set up her will. Assets would be split between me and my sister, possibly step brother and step sister as well. She really doesn't have any big ticket items that would increase in value over age (like a 69 Camero SS or something of the like). Is it best to just take the assets and keep what you want and spend time trying to sell the rest or hire some sort of agent to sell off all of her belongings to save us the hassle(if that is even possible)? Or are there other options?

  My legal office practices estate planning. If you live in Columbus or Ross Co., I could help you out.
• Pick6

  

  ^ She actually lives in Belmont County, I live in Summit.
  
  So..what are some examples of the things that can so get "messy" or "complicated" that you all are recommending me to talk to an attorney?
• mcburg93

  

  legalzoom.com hope this helps.
• Fly4Fun

  

  Pick6;1103124 wrote:^ She actually lives in Belmont County, I live in Summit.
  
  So..what are some examples of the things that can so get "messy" or "complicated" that you all are recommending me to talk to an attorney?

  Everything can get messy when it comes to wills if not done properly.
  
  Also, Legalzoom.com is okay if you want simple documents and don't alter them. But they are not "practicing law" when you use it, so if something goes wrong with the will, there is no one to blame but yourself (no one to sue for malpractice).
  
  But you really won't get any good advice from a message board. And if you think you're getting good advice from a message board about this you're most likely wrong.
  
  The bottom line is your mother should probably consult a lawyer. If she ends up doing nothing then the estate would pass through intestacy (basically the law dictates how property is divided when there is no will).
• dwccrew

  

  Pick6;1103124 wrote:^ She actually lives in Belmont County, I live in Summit.
  
  So..what are some examples of the things that can so get "messy" or "complicated" that you all are recommending me to talk to an attorney?

  So many things can go wrong if the Will is not setup properly. I have worked, in the past, in law offices (several relatives are lawyers). It can take years, literally years to probate an estate if the Will is setup improperly. Anything could happen between family members fighting over what they believed they are entitled to, debts, etc. It is worth paying an attorney a couple of hundred dollars up front to avoid issues in the future.
• Quint

  

  Pick6;1103124 wrote:^ She actually lives in Belmont County, I live in Summit.
  
  So..what are some examples of the things that can so get "messy" or "complicated" that you all are recommending me to talk to an attorney?

  I will preface this by saying that I focus more on construction litigation/EPA/contracts, and my partner is the estate planner. Additionally, I'm on the OC during working hours, so how serious can you really take me?
  
  The problems created by wills really depend on the complexity of the estate. If it is a simple, "everything to my spouse, if she is dead then everything to my children equally. . . " and you don't have $3.5 Million in assets, tons of real estate, and numerous investment properties, it wouldn't be that complicated. Most issues could be avoided by writing a simple and carefully worded will, and an attorney can do this for you relatively cheap if they aren't trying to gouge you.
  
  However, the primary reason you want to hire an attorney to write your will is state law. There are numerous state laws governing wills, living wills, durable power of attorneys, health care proxies, etc. All are covered in the Ohio Revised Code. One slip up during the creation of these documents (knowing who can be a valid witness to the signing of a will) or in the documents themselves (you can't nominate your doctor to decide if you should have the plug pulled in a living will), and you have a mess on your hands.
• dwccrew

  

  Quint;1103263 wrote:I will preface this by saying that I focus more on construction litigation/EPA/contracts, and my partner is the estate planner. Additionally, I'm on the OC during working hours, so how serious can you really take me?
  
  The problems created by wills really depend on the complexity of the estate. If it is a simple, "everything to my spouse, if she is dead then everything to my children equally. . . " and you don't have $3.5 Million in assets, tons of real estate, and numerous investment properties, it wouldn't be that complicated. Most issues could be avoided by writing a simple and carefully worded will, and an attorney can do this for you relatively cheap if they aren't trying to gouge you.
  
  However, the primary reason you want to hire an attorney to write your will is state law. Their are numerous state laws governing wills, living wills, durable power of attorneys, health care proxies, etc. All are covered in the Ohio Revised Code. One slip up during the creation of these documents (knowing who can be a valid witness to the signing of a will) or in the documents themselves (you can't nominate your doctor to decide if you should have the plug pulled in a living will), and you have a mess on your hands.

  We can't take you serioulsy as an attorney now. LOL
• Quint

  

  dwccrew;1103306 wrote:We can't take you serioulsy as an attorney now. LOL

  I think you doctored my comment.
• dwccrew

  

  Quint;1103316 wrote:I think you doctored my comment.

  I couldn't, I'm not a doctor.