How to go about making a will

[Anonymous]

DH and I are in our mid-40s with elementary age kids. Recently we were in a car crash, luckily, no one was injured.
I’m a still a bit shaken about it and am wondering what would have happened to our kids if one or both of us were not here anymore.
We have listed each other as beneficiaries in bank accounts but that’s about it. Never gave much thought to a scenario like this! Please guide us about setting up a will and other things to consider, thanks!

[Anonymous]

Have a lawyer write one. Should be under $1000.

[Anonymous]

Thank you for the fast reply, so that would be an estate planning attorney or a will attorney, correct? I will search here for any firm recommendations.

[Anonymous]

Has anyone had experience with the Trusts & Wills company? I saw it advertised through my credit union and then on TV.

[Anonymous]

Start tonight with Willmaker (https://www.willmaker.com/). I know there will be lawyers that will tell you horror stories of automatic wills and I'm sure they occur, but if you don't have any complications (businesses, disabled children, multiple marriages/stepkids), this will be good enough virtually all of the time.

If you want to look into getting a lawyer to do another one, you can always do it later, but that takes time and money. Just start immediately with Willmaker and you'll be at least 99 percent of the way there.

[Anonymous]

Good to know about the online option, thanks! Yes, ours is straightforward and will check it out

[Anonymous]

The problem with discount, online, etc., estate planning documents is that errors in such documents can’t be fixed if they show up after the testator’s demise. Better a competent practitioner with a good reputation than risking a bad result to save a few bucks. One of our neighbors let another neighbor talk him into some kind of cockamamie set of estate documents. The drafter screwed up the name of the executrix, then tried to hand write in corrections after the fact. It took years for things to get sorted out and the estate to get moving, with asset carrying costs and depreciation continuing the whole time.

[Anonymous]

Anonymous wrote:Good to know about the online option, thanks! Yes, ours is straightforward and will check it out

I used Legal Zoom.

You just have to make sure that once you have the will, you execute it properly. That is the problem most people have with online wills -- they get the will, but don't execute it at all or don't execute it properly. Follow the instructions exactly, with witnesses and notary as required. If you don't -- you don't have a will.

[Anonymous]

Anonymous wrote:DH and I are in our mid-40s with elementary age kids. Recently we were in a car crash, luckily, no one was injured.
I’m a still a bit shaken about it and am wondering what would have happened to our kids if one or both of us were not here anymore.
We have listed each other as beneficiaries in bank accounts but that’s about it. Never gave much thought to a scenario like this! Please guide us about setting up a will and other things to consider, thanks!

Glad you guys are OK. Check your employer benefits. If you have a legal plan through your employer, sign up for it. You get estate planning for free through that.
If you don't, get a template from Legal Zoom or some such.. You'll need templates for
Revocable Trust - Each of you will do this. For example, if you are Jane Doe, your will have a revocable trust titled "Jane Doe Revocable Trust dated June 1, 2025". You will be the grantor (the person setting it up) and the Trustee (the person who operates the Trust). You will name successor trustees (if you are incapacitated or die, your sister or brother will become trustees). The trust will also outline everything you want to happen with your assets - who should manage it while your kids are too young, when do you want them to get access to your assets (e.g. in stages starting at age 25), how much for each kid, etc. Once this is done, you title all assets in the name o the trust (or name the trust as beneficiary). Sounds complicated, but it isn't.

Pour over will - This basically says that anything you missed titling in the name of the trust will go the trust so your wishes outlined in the trust can be followed.

financial power of attorney, and - Who can deal with your financial life if you die or incapacitated. Can name a primary, secondary and tertiary.

healthcare power of attorney - what do to if you are incapacitated. When to 'pull the plug', so the speak and who gets to decide.

All are template driven and easy to set up.

[Anonymous]

Online method will be a placeholder to buy time to get it done via a lawyer.
Checking employee benefits is a great suggestion, didn’t realize we had that option.
Thank you all!