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-   -   I need to make a will (https://www.calguns.net/calgunforum/showthread.php?t=1379308)

Khromo 09-18-2017 11:36 AM

I need to make a will
 
I need to make a will.

This will be about as simple as it gets. I will be leaving everything to my wife, so I don't need a team of superstar lawyers at $500 each per hour, just a simple, valid document to make her life even better after I die!!! What a pleasant thought!!!

I'm thinking there is a painless and reasonably priced route to take here, but I am too confused and distracted to find it.

Can anyone help me out here?!?!

Blade Gunner 09-18-2017 1:15 PM

Quote:

Originally Posted by Khromo (Post 20661740)
I need to make a will.

This will be about as simple as it gets. I will be leaving everything to my wife, so I don't need a team of superstar lawyers at $500 each per hour, just a simple, valid document to make her life even better after I die!!! What a pleasant thought!!!

I'm thinking there is a painless and reasonably priced route to take here, but I am too confused and distracted to find it.

Can anyone help me out here?!?!

https://www.legalzoom.com/sem/ep/liv...CAAEgKPYvD_BwE

You should consider a living trust. It avoids probate time and costs. There are other DYI living trusts you may also want to look at.

Dano3467 09-18-2017 1:22 PM

+1 on TRUST, much better IMHO.

And about as simple for the executor of trust, in this case your wife (primary).

However if you both go in some freak auto crash you can have alternate choice. (NRA/grandson, anyone) & no probate issues, this is by far the best part.

Dano3467 09-18-2017 1:22 PM

+1 on TRUST, much better IMHO.

And about as simple for the executor of trust, in this case your wife (primary).

However if you both go in some freak auto crash you can have alternate choice. (NRA/grandson, anyone) & no probate issues, this is by far the best part.

Garv 09-18-2017 1:23 PM

I'll double what Dano said twice.

ΜΟΛΩΝ ΛΑΒΕ 09-19-2017 7:56 PM

Read http://leginfo.legislature.ca.gov/fa...0&lawCode=PROB

And then fill out the form at
http://www.calbar.ca.gov/Portals/0/d.../Will-Form.pdf

Tom-ADC 09-20-2017 8:46 AM

We've had a living trust with these people for 20+ years never a problem
http://financialplannersandiego.com ask for Brian White.

Heritage Tax & Insurance Services, Inc.
2650 Camino Del Rio N. #350
San Diego, CA 92108

L84CABO 09-20-2017 8:35 PM

It's really this simple...you can decide if you would prefer to pay 8% of your entire estate to the federal government when you die or if you'd prefer to pay what is likely substantially less to an attorney now to create a trust. Choose wisely.

A will doesn't keep you out of Probate...which can also be a lengthy and stressful process on your loved ones when they are grieving. Not to mention the 8%. A trust does and you keep the 8%...but have to pay about t $1800 to an attorney to write the trust for you. It is money incredibly well spent but that is just my personal opinion.

With a trust you also get power of attorney, durable power of attorney for healthcare, Hippa forms, Healthcare directives, etc. These can be invaluable in the event you become incapacitated.

Bushwack44 09-20-2017 9:31 PM

Will & Trust with a reputable lawyer is $1,200 (in SoCal). Don't be cheap about it. Even if you think your will is simple and straightforward, things can change (especially with inheritance tax). Did mine about 10 years ago (when it cost $700) and in the process of revising it (more assets and beneficiaries). Hardest part of who gets what: Who gets which firearm (can't 'will' and AR in California).

9mmContagion 09-20-2017 9:47 PM

Quote:

Originally Posted by Bushwack44 (Post 20672328)
Hardest part of who gets what: Who gets which firearm (can't 'will' and AR in California).

You can if it's featureless or not in an AW status...

sonofeugene 09-20-2017 10:58 PM

If you have a will but not a trust, your estate is guaranteed to go into probate where it will get decimated by lawyers fees and take years to settle. Only a fool just does a will. A living trust is simple and easy and makes it so your wife gets everything and lawyers get nothing.

There isn't a lawyer alive that doesn't have a living trust.

Khromo 09-21-2017 5:56 PM

I greatly appreciate all the sound advice you folks have taken the time to give me. I truly appreciate it!!!

I went ahead and talked to a lawyer last night, but he wanted $1,800, and that sounds like the high side, so I am going to check out some of the other leads you folks have provided and see if I can save a few bucks.

I hope you all have some good luck for having helped me out! Maybe some day I can return the favor!

kemasa 09-21-2017 6:03 PM

If you go with a trust, make sure that it is a good one. A friend's MIL passed and it turns out that the trust was a cookie cutter one and it ceased to exist when her husband died, but she did not know that. It is now taking a lot of time and money to get things cleared up and in the meantime, they can't sell her house or do much of anything with it. The lawyer said that it could take up to a year to get everything cleared up.

Blade Gunner 10-04-2017 11:36 AM

Quote:

Originally Posted by Khromo (Post 20675697)
I greatly appreciate all the sound advice you folks have taken the time to give me. I truly appreciate it!!!

I went ahead and talked to a lawyer last night, but he wanted $1,800, and that sounds like the high side, so I am going to check out some of the other leads you folks have provided and see if I can save a few bucks.

I hope you all have some good luck for having helped me out! Maybe some day I can return the favor!



The actual trust documents are usually straight forward assuming all you’re trying to do is avoid probate. If you have significant assets, there is a fair amount of paperwork and filings to get these into the trust (deeds etc). If you’re setting up a trust to cover both you and your wife, usually this results in an A B trust, (with successor trustees and beneficiaries) designed to minimize or eliminate estate taxes to your non spousal heirs.


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Khromo 10-04-2017 12:04 PM

Thanks, Blade!

No kids, and everything will go to my wife, so it is good for me to know these things going in.

I've spoken to a few local attorneys, and they are all asking close to two grand for a personal residence and a few bank accounts, so I am reaching out to local folks for leads on local attorneys who will charge an amount closer to how simple this situation really is.

Blade Gunner 10-04-2017 6:34 PM

PM sent

Khromo 10-04-2017 9:18 PM

Thanks, Blade! I will check it out!

XDJYo 10-04-2017 9:47 PM

Depending on the amount of your assets, you may not need something as complicated as an A/B trust. This is an older and complicated version of a Trust. Now, they are usually pretty straightforward.

When you set it up, remember, name Successor Trustees in case you and your wife go at the same time. You need to designate that person with the authority to take care and handle your estate/financial matters. Remember, this isn't just about who gets your guns after you're gone. It's to help any friends/relatives who would be overseeing your finances. It gives them the authority to make payments, close accounts etc. This is also handy in case you both are still alive and need someone to act on your behalf (you're both in a coma/unconscious). Who has say over whether they keep you alive/vegetative state or pull the plug? I recently had to go thru this with my dad.

As a side note for anyone else who is named as a Trustee/Co-Trustee/Successor Trustee or a Health Care Agent, keep a copy of the documents on your phone either in pdf or in photo form. This way, you can intercede if you need it asap to carry out the wishes of your family/loved ones. It sucks to go thru the stress of seeing one on their death bed and not have access to paperwork to give to hospital staff.

My 2 cents.

Hope you get it ironed out quickly and inexpensively. But, remember, there are lawyers involved, so it won't be either of those things. Check yelp for reviews.


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