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Old 12-29-2016, 05:29 PM
 
Location: Orlando
1,985 posts, read 2,634,653 times
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Quote:
Originally Posted by volosong View Post
That's the big kicker! Can you give us some guidance on how to find a competent estate attorney? Especially when moving to a new state/city where you don't know anybody except the realtor who sold you a house.


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I know in Florida, you can call the Florida Bar and request a referral to an attorney who specializes in estate planning, and they will give you several names of attorneys who have agreed to a reduced-price consultation. I would try calling your state Bar and see if they have something similar.
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Old 12-29-2016, 05:36 PM
 
71,520 posts, read 71,694,121 times
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trying to find a discount lawyer or doctor may not be the best idea .

when it comes to these area's i rather pay more and get the best i can . i already experienced not once but 2x the horror of poorly constructed documents
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Old 12-30-2016, 02:54 AM
 
Location: Copenhagen, Denmark
10,511 posts, read 8,758,289 times
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Even if you have to pay for it, get an attorney. Before you meet, write up an outline of what you want done and then give it to the attorney. It really does pay to go this route. Most of us don't know what we don't know, so the best thing to do is find the best way to meet your objectives. Your objectives come first. Think carefully about them and write them down clearly.
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Old 12-30-2016, 04:10 AM
 
Location: Arizona
5,941 posts, read 5,298,958 times
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Quote:
Originally Posted by mathjak107 View Post
things should be reviewed even when grand children or marriages happen .

we totally forgot that our wills were made before we had grand kids . if one of the kids wasn't here their blood line would have been skipped instead of going to their children and just went to the other kids

our attorney realized it when he reviewed our older wills . .
My sisters did not have kids when I made my will. It says "any natural children born of their bodies" for if and when they had kids. I would think the same or something similar could be there for your own children.
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Old 12-30-2016, 04:12 AM
 
Location: Arizona
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Some areas in some states have paralegal services. I paid $85 for a 3 page codicil last summer. Changed who gets it and what charity if they are dead.
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Old 12-30-2016, 04:12 AM
 
71,520 posts, read 71,694,121 times
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Originally Posted by thinkalot View Post
My sisters did not have kids when I made my will. It says "any natural children born of their bodies" for if and when they had kids. I would think the same or something similar could be there for your own children.


it does now , but before we had grandkids if one child was not there it went to the others .
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Old 12-30-2016, 04:18 AM
 
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keep in mind that even choosing what you think you may want can be a mistake on your own .

things like throwing your residence in a revocable trust to avoid probate sounds like a great idea . that is until a good elder law attorney explains to you that a house placed in a revocable trust loses its medicaid protection status .

the house may actually have to be sold and the money spent down just to qualify for medicaid if long term care is needed .

by placing the house in a trust you made its value a counted asset for the purpose of qualifying .

it is a dangerous game playing around with this stuff both on your own and with an attorney who's expertise is not in this area .
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Old 12-30-2016, 05:37 AM
 
Location: Ypsilanti, MI
2,439 posts, read 3,661,951 times
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Quote:
Originally Posted by thinkalot View Post
My sisters did not have kids when I made my will. It says "any natural children born of their bodies" for if and when they had kids. I would think the same or something similar could be there for your own children.
What if they adopt a child?

What if they carry a pregnancy to full term that was initiated via IVF?

What if in the above scenario they utilized a sperm donor?

Sometimes these ages old boiler plate clauses and fancy sounding sentences can have intended consequences if the Will is challenged in court.

Use a quality experienced attorney; bottom line.
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Old 12-30-2016, 06:11 AM
 
Location: Arizona
5,941 posts, read 5,298,958 times
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Quote:
Originally Posted by MI-Roger View Post
What if they adopt a child?

What if they carry a pregnancy to full term that was initiated via IVF?

What if in the above scenario they utilized a sperm donor?

Sometimes these ages old boiler plate clauses and fancy sounding sentences can have intended consequences if the Will is challenged in court.

Use a quality experienced attorney; bottom line.
How many do those things? If they did it would be a reason to change the will. For most people that is all that is needed.

I used a quality experienced attorney. I also made it clear to him that I did not want step children to inherit.
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Old 12-30-2016, 07:12 AM
 
71,520 posts, read 71,694,121 times
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the trust in our family clearly specified step children get nothing . but some missing verbiage picked up on in probate court about predeceasing had the court track down and notify the step children about the defective trust .

they got an attorney and a legal battle costing a fortune happened and they basically won .

the trust was boiler plate , the attorney who did a general practitioner .when our estate attorney saw the document he called it an amateur mistake .
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