Do you have a will? Who did it for you?
We really need to get on this. We don't have any major assets and just want it all to go to C if something were to happen, but we need to spell it out, who would oversee it, all that junk. New Years resolution I guess!
GOLD / coconut / 8266 posts
Not yet. I was just telling DH that we have to sit down and do this.
pear / 1861 posts
Yep, did it this summer. My lawyer did it, it was pretty easy, although I did shed a tear or two.
papaya / 10343 posts
No but I'm planning to do one before our LO is born. I'm a lawyer so I'll probably just see if my boss can draft something up for me. Ours will be super simple and basically the statutory defaults, so the only part I care much about setting up who LO goes to if something should happen to us.
GOLD / wonderful pomegranate / 28905 posts
We need to do all that she bang. The problem is finding a lawyer...
wonderful cherry / 21504 posts
@locavore_mama: Exactly. We have never used a lawyer for anything before so we don't have a relationship with any.
GOLD / coconut / 8266 posts
@Foodnerd81: my ILs suggested using Legal Zoom but I'm not sure if it's any good...
wonderful cherry / 21504 posts
@swedishfish: That's what we are thinking of too, just wondering if we would miss something?
pomegranate / 3863 posts
We are in the process right now! We used the same lawyer who has helped us with our 2 real estate purchases.
grapefruit / 4903 posts
We do. We found our attorney by a referral from our financial advisor.
cantaloupe / 6692 posts
@swedishfish: My dad used it for some legal documents when he started his own business and only had good things to say...I assume they were legit. His business is thriving last I heard.
I'm still iffy on using it though.
blogger / wonderful cherry / 21628 posts
Not yet. We're planning to have one made once we have a LO.
pomelo / 5820 posts
We need to do this. Hard to find the time to sit down with a lawyer.
@Foodnerd81: @swedishfish: I'd love to know if Legalzoom is a good choice, too. That would be ideal!
coconut / 8430 posts
@Foodnerd81: I'm not a lawyer but in my opinion the most important part of the will is spelling out who gets custody of our LO (and 2 backups) and how the money gets doled out for her care.
We had a will prior to LO and updated it to include our wishes for custody and how we want her to receive any money we have left. Our lawyer put language in there to refer to future children as well so that we wouldn't have to make changes if we had another baby next year.
Custody was one of the hardest conversations DH and I had to have.
We found a lawyer through recommendations at work. Some of you may have access to group legal plans. We signed up during open enrollment and getting the will written up and notorized was a covered benefit so there wasn't any additional cost.
wonderful cherry / 21504 posts
@sunny: I agree-- those are the issues we want spelled out. We discussed who would take care of LO, but haven't put it in writing nor spelled out how the money should be put into a trust for her or however that would work. I did tell my sister I'd like her to be C's guardian, so at least she knows our wishes.
GOLD / wonderful pomegranate / 28905 posts
@sunny: that is a large reason why we haven't done it yet. We just can't decide.
So God forbid if we both died. How does it work. How does the will get executed? Does the family have to go to the lawyer that wrote your will?
coconut / 8430 posts
@locavore_mama: our lawyer told us that it would be a good idea for our parents to know where we had a copy of the will at home (or just give them a copy). He stapled his biz card to the front of the package so that any questions could also be answered.
If I remember correctly, the executor of the will is responsible for making sure that our wishes are carried out. I think from a logistical standpoint, the person you have designated as guardian will have to take a copy of the will to court and get some sort of guardian/custodian transfer or court order. Any lawyer bees able to comment?
pomegranate / 3895 posts
Yes, we have one. My DH is no longer in private practice, but when we did our wills and POAs he was a practicing wills and estates/corporate/real estate lawyer...so he drafted it.
hostess / wonderful apple seed / 16729 posts
No, but when we have a LO, we will. I enrolled in a legal plan at work that gives me access to different lawyers and one of the things they can do are wills. Hoping to get pregnant and have a will drafted in 2014!
wonderful pear / 26210 posts
@locavore_mama: our will has a disaster clause( there is a formal name or it but I don't know it off the top of my head) that dictates what happens if both my husband and I die at the same time, as well as if all three of us die. My understanding is that this is fairly boilerplate language to include. In my state, you only really have to get complex with wills and trusts when you have assets in excess of $5million.
We also use legal services available through our employer, I think the plan is called Hyatt, but not sure. We researched before we signed up which lawyers we could use...it is the same practice we would have used without the plan.
kiwi / 640 posts
We checked this off shortly after DS was born. As others have said, deciding on the guardian was a tough conversation....but we worked through it. Thankfully choosing the executor was a pretty easy decision, there's one family member who is an obvious choice.
We used our family lawyer, but I know my company's EAP program has attorneys available for this type of service.
We also did a health care proxy, living will, and power of attorney at the same time. We have originals of all agreements, and another original copy is in the attorney's vault.
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