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Started By
Message
Do I really need a Will?
Posted on 4/3/14 at 6:44 am
Posted on 4/3/14 at 6:44 am
I just started working with a financial advisor and he has stated that setting up a will is one of the first steps that I should take. He said he would be able to refer me to an attorney and that it would cost about $1500 for me and my husband.
Do we really need to create a will and if so do we really need to go to an attorney or can we just create one online?
We are both about to turn 30, we don't have any children yet, we have mortgage, retirement, etc. We are both named as the primary beneficiary on each other's accounts.
Any input would be great!
Do we really need to create a will and if so do we really need to go to an attorney or can we just create one online?
We are both about to turn 30, we don't have any children yet, we have mortgage, retirement, etc. We are both named as the primary beneficiary on each other's accounts.
Any input would be great!
Posted on 4/3/14 at 7:15 am to cadn0327
For the vast majority of people in Louisiana, default succession law will do exactly what they would have put in their wills.
Posted on 4/3/14 at 7:16 am to cadn0327
1) don't do it online if you live in LA.
2) unless your estate is very large or complicated, just write it out and sign it.
Disclaimer: I'm not a lawyer.
2) unless your estate is very large or complicated, just write it out and sign it.
Disclaimer: I'm not a lawyer.
Posted on 4/3/14 at 7:20 am to cadn0327
You should be able to et a consultation with an attorney for advice without incurring significant expense. That'd allow you to make an informed decision.
Posted on 4/3/14 at 7:30 am to cadn0327
Honestly, after thinking about it, I would find a new FA. This guy sounds like a crook.
Posted on 4/3/14 at 7:30 am to cadn0327
quote:
He said he would be able to refer me to an attorney and that it would cost about $1500 for me and my husband
Your FA is getting a kickback of that. A basic will should cost a couple hundred bucks(from a lawyer). And honestly 99% of America can just draw up a document themselves.
This post was edited on 4/3/14 at 7:32 am
Posted on 4/3/14 at 8:02 am to cadn0327
First off, $1500 seems steep. Unless I am creating several trusts and doing some other exotic stuff, I'm not coming close to $1500 for a couple of wills. In fact, it would be closer to $500 with POAs included.
In your situation you probably need something. Where do you want your property to go at this time if both of you died in the same instance or relatively close to each other?
When you do have children it is a completely different ballgame and you absolutely need a will in Louisiana unless you want to be beholden to the courts and your children for doing anything with former community property. All separate property belongs to the children.
In your situation you probably need something. Where do you want your property to go at this time if both of you died in the same instance or relatively close to each other?
When you do have children it is a completely different ballgame and you absolutely need a will in Louisiana unless you want to be beholden to the courts and your children for doing anything with former community property. All separate property belongs to the children.
Posted on 4/3/14 at 8:03 am to cadn0327
If you have specific bequests to siblings or nieces/nephews, a will would help make sure your executors follow your intentions.
$1500 for two wills and two durable power of attorneys is a little high, but not extremely high. I would think you could shop attorney's and save some bucks.
$1500 for two wills and two durable power of attorneys is a little high, but not extremely high. I would think you could shop attorney's and save some bucks.
Posted on 4/3/14 at 9:12 am to cadn0327
Everyone of adult age should have a will, unless they have no children or significant investments and they have no small business ownership. If that is the case for you, take a look at the intestate laws in LA, and if you are ok with everything, you can skip getting a will.
Otherwise, I would consider having one. $1,500 for a simple will for two people is INSANE. If you were in any state but LA, you could spend $70 and buy the will maker program by Quicken/Nolo and be just fine.
It should not take an attorney more than an hour for each of you. All they are going to dull is pull out a generic one, fill in the names, and sign.
You could also just write your own, get it notrarized and witnessed.
Otherwise, I would consider having one. $1,500 for a simple will for two people is INSANE. If you were in any state but LA, you could spend $70 and buy the will maker program by Quicken/Nolo and be just fine.
It should not take an attorney more than an hour for each of you. All they are going to dull is pull out a generic one, fill in the names, and sign.
You could also just write your own, get it notrarized and witnessed.
This post was edited on 4/3/14 at 9:13 am
Posted on 4/3/14 at 9:18 am to barry
quote:No. But he likely gets referrals from this attorney and vice versa. Not unusual, not suspect, and not necessarily bad.
Your FA is getting a kickback of that
Posted on 4/3/14 at 9:25 am to cadn0327
I agree with OTIS. Speak with an attorney.
Posted on 4/3/14 at 9:25 am to cadn0327
I usually recommend couples get one. They are simple, and my personal stance is I want the say in how my assets are left behind. I don't want that left up to the state. That is a personal preference though.
However, with that said,
That sounds really pricey, unless you are really lying about how large your estate is
The people I've sent clients to here in Bham are like $500 at the most for a simple will, but is usually less than that.
However, with that said,
quote:
$1500 for me and my husband.
That sounds really pricey, unless you are really lying about how large your estate is
The people I've sent clients to here in Bham are like $500 at the most for a simple will, but is usually less than that.
This post was edited on 4/3/14 at 9:28 am
Posted on 4/3/14 at 9:27 am to cadn0327
In Louisiana you can write your own will. Just use plain English and specify what you want to do. Then have the will notarized (although legally not required) just to remove any doubts the will is yours and not a forgery.
If you have complicated family issues, just as a "yours, mine and ours" situation, an attorney would probably be advisable but still not 100% necessary.
There are websites available just to give you an idea of the types of thoughts you might want to include in your will.
If you have complicated family issues, just as a "yours, mine and ours" situation, an attorney would probably be advisable but still not 100% necessary.
There are websites available just to give you an idea of the types of thoughts you might want to include in your will.
Posted on 4/3/14 at 9:50 am to cadn0327
You should at least have a living will; which outlines whether or not you want extreme measures taken etc...
Posted on 4/3/14 at 10:03 am to cadn0327
I work with a lot of special needs trusts. If you have a special needs child, I would highly recommend a will and a special needs trust. Otherwise, follow Russian's advice.
Posted on 4/3/14 at 10:07 am to cadn0327
I would think that $1500 is a little high unless you have tons of assets and need some sort of trust. If you do need a trust, these can easily start getting up over $1500 depending on your needs.
For what it's worth, I write free wills all the time if they are simple with little to no specific bequests. Helps with pro bono requirements for the Bar. (not in LA though)
For what it's worth, I write free wills all the time if they are simple with little to no specific bequests. Helps with pro bono requirements for the Bar. (not in LA though)
This post was edited on 4/3/14 at 10:10 am
Posted on 4/3/14 at 10:11 am to cadn0327
To me, the day I had a baby I'd want to create a will but it doesn't seem necessary before that.
Posted on 4/3/14 at 10:15 am to cadn0327
OP, I'm not really in a position to say whether you should skip a will, try and do it yourself, or get legal advice from an attorney. But the one thing you should unquestionably not do is take legal advice from non-attorneys on the Rant (or other random internet sites). It's amazing how often I see people turn to the OT for legal advice and get responses that are, literally, 180 degrees incorrect - as in, the response would be greatly improved by adding the word "not" in every single sentence. Just because people talk confidently about things doesn't mean they're actually providing good advice. My 2 cents.
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