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I'm single, no children, no significant other, no strong relationships with family members (and even if I had them I've heard horror stories about relatives swooping in and raiding people's dwellings following their death).
So I guess I need an attorney to make sure my wishes are carried out. I can't count on anyone I know to see I am cremated or that my assets are given to the two charities I have selected. I also have jewelry I need sold in one form or another so that these charities get the proceeds. I do have a will through Legal Zoom, but given the fact I do have assets to dispense of and no one to dispense of me, I think I will have to hire an attorney to make sure things get done right. Do you agree?
Do I need an estate attorney, a real estate attorney (I've changed my name legally and now have to get my new name on the deed of trust or I cannot imagine what kind of mess that will be!) or both attorneys? I can try to get the deed changed myself but can't count on anyone to take care of the other stuff. Thanks in advance...
Last edited by movin'on; 10-11-2009 at 07:42 AM..
Reason: add thought
Thanks. Do you know can I do my own will on Legal Zoom and just give it to said attorney to look over and then name said attorney to be the executor of my will? On a practical note, do I then carry some card in my wallet saying "in the event of my death, contact XX."? And if I want to be cremated and my ashes spread over a specific area do I have to contact a company to set that up?
Egads, I hate thinking about all this stuff, but I don't have anyone else to just leave things to and I don't want to leave any mess for others to sort through once I am no longer here (which I do hope is far off in the future).
I really wonder what percentage of people don't set this stuff up in advance. Yeah, it is depressing and maybe people somehow come to terms with looking at or buying burial plots when they hit their 60s or 70s (maybe never) but I still am a ways off from that.
Some estate attorneys will be executor but not all. Often they will suggest you contact someone that can be a trustee-often specialized financial planners can do this for you. Honestly though, it is worth a few hundred dollars to get your will set up properly, besides, what you are looking for is actually a trust, not a will.
Prepay your funeral, and arrange $ be left to the charities by way of your bank. I wouldn't pay a lawyer to do what I could do myself, especially if the fees were high. Do some research online. How to keep the vultures at bay, so to speak. It's good to have a will. Living trusts can be set up, too.
Will & Trust Kit . . untitled personal property (shoes or silver) is pretty much "up for grabs" by anyone with access to it. Might consider eventually selling expensive jewelry and depositing those funds in a "titled" bank or investment account.
If a veteran, you may be eligible for the burial benefit.
In my opinion, you should at least consult with an estates attorney. Ask your friends for names. You want someone who is willing to step in immediately and make sure your remains are disposed of, as desired. It will be simpler if it is the same person who can execute your estate. Your will names who you would like to serve as the executor of your estate. So, you will likely need a new will. (I doubt any attorneys will draft a codicil anymore, given technological advances, etc.)
Now for the stuff everyone has an opinion about...
I would NEVER use one of the will kits. Especially when you have potential heirs that might contest the will. Although I am an attorney, I no longer draft wills. However, based on my participation on various attorney listserves, I can tell you that estates attorneys make a lot of money AFTER the death of someone who decided to draft his or her own will. Estates and trusts laws are complex and state specific. Too many screw ups. Do you need a trust? Not everyone does. In fact, most people don't. I certainly don't have one. But you might need one. I have no clue and neither do the people on this board. Find an estates attorney - do not be "penny wise, pound foolish."
Prepay your funeral, and arrange $ be left to the charities by way of your bank. I wouldn't pay a lawyer to do what I could do myself, especially if the fees were high. Do some research online. How to keep the vultures at bay, so to speak. It's good to have a will. Living trusts can be set up, too.
Financially it is very foolish to prepay a funeral-pre-plan and set aside some money in life insurance or with your assets but don't give that to the funeral home for 10, 20, 50 years.
Wow, thanks for all the good information. I guess I really have a lot to learn. I do have Suze Orman's books and should probably start reading them as she says a lot of this can be done myself. However, I would for sure run anything by an estate attorney.
I looked intp The Neptune Society and it's really pretty funky. I am not sure about them. They have some reef they use to spread ashes and that sure isn't where I want to go.
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