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I used a different Will and Trust program that was highly rated. My needs are basic and didn't need much more. One attorney can create legal documents for you and do fine, but legal software programs are developed with a lot more resources and the end product could be better, depending on your needs, than one attorney's product. I don't think Suze Orman is going to put something out that is deficient. Even with disclaimers, she would be buried by bad publicity if people have problems with her products.
to many times intent dosnt help. grandpa had in his trust he set up with the family business specifically mentioned by name that the step children get nothing.. our lawyers under state law had to notify the step children about the trust even though they were mentioned to get nothing.
well they got a lawyer who realized that grandpa died, grandma inheireted everything and that my wifes first husband died while grandma was still alive.
no wording for predeceasing anywhere was in the trust..
i thought this would be a slam dunk, the intent clearly was they get nothing. well judge said the intent was obvious but he couldnt re-write history and fix or add wording to the trust. the trust may not be valid he said. if it wasnt then my wifes husbands will would prevail and that called for talking care of all the kids.
he held off ruling in hopes we can reach a settlement with the step children and possibly not have them as partners.
I'm guessing that for most people requiring only a simple will or trust, the Orman or any other program will suffice. If you have more complex issues, then you'll need to see a lawyer. We have no complex issues with everything going to each other and then split equally between our kids. If none are living and no grand kids, then I really don't care what happens.
as long as its a first marriage and all your own kids things should be okay.... i would never ever not use an attorney though for a 2nd marriage with kids...
what makes a 2nd mariage so tough is if you leave each other everything so as not to pull the rug out from under your spouse someones kids may resent it and contest.
every loop whole even in a simple will has to try to be closed, even claiming my mom didnt realize what she was signing or was under pressure to sign can open up a contestment. thats why those silly little questions verbally asked in front of witnesses can be very important . those protective questions will never be asked if your doing this on your own. they are not law, they are just good policy by professional attorneys in our state.
what we did is get a small life insurance policy on each of us with our kids as beneficiary so at least they get something up front without chomping at the bit for the surviving spouse to die so they can get their parents share.
are kids due an entitlement to what their parents have? of course not but human nature being it what it is the life insurance left to them helps keep the peace
other things that may come up if you do this on your own is im not sure at this point who still dosnt but quite a few states didnt recognize transfer on death accounts from brokerages , only banks.. just because the brokerage let you set it up that way dosnt mean its legal where you live. that burdeon is on you to know.
you may find a whole lot of stuff going thru a long costly probate if those types of accounts arent acceptable in your state. i can tell you until just a few years ago new york was one of those states that didnt accept a tod account from anyone but a bank but unknowingly i had my accounts set up like that for decades, there was a box for type of account and i checked transfer on death.. what did i know? i used the willmaker software to do everything i thought i needed, i thought they had everything covered for my state. they had no mention of brokerage accounts not being transferable on death in new york state..
first thing our attorney pointed out to us when we eventually went to do the will by him was these accounts arent valid here.
folks bottom line to all this crap is planning takes alot more alot OF times then a canned form from someones website.
what i origionally tried to do was do it myself with a canned kit and bring it to an attorney to proof. i couldnt get not 1 attorney i contacted to use anyone elses document but their own. each word was so crucial they wouldnt do it for me.
NOTHINGS A PROBLEM UNTIL ITS A PROBLEM!
Last edited by mathjak107; 10-03-2009 at 04:44 AM..
I'm guessing that for most people requiring only a simple will or trust, the Orman or any other program will suffice. If you have more complex issues, then you'll need to see a lawyer. We have no complex issues with everything going to each other and then split equally between our kids. If none are living and no grand kids, then I really don't care what happens.
from what i saw at that refinance we tried to do with the simple will and the word "ONLY" missing, i think the term simple will belongs with jumbo shrimp, pretty ugly and happily married ha ha ha
our kids question our bizarre behavior and we are young lol
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