Writing a Will- Question

[labbielove]

Ok not the most pleasant of topics, but necessary to have.
Do you think it''s a problem if DH and I have our wills drawn by 2 different attorneys?

Background-
Before I met DH I had a will drawn up because I own a home and have 5 siblings, and didn''t want them saddled with the burden of me not having a will should something unexpected happen.

My mom passed away 5 months ago so I''m currently working with my attorney (hers as well) to settle the estate.
Meanwhile, DH and I are newly married and I want to update my will to ensure that he is my beneficiary- I don''t want to change attorneys since to update my will is simple and he would do it for free since we''re already working on the estate.

DH has no will currently, but has a prepaid legal plan at work where he can get one drawn up free of charge.

Question is- is it ok for spouses to have their wills at 2 different attorneys? We don''t have complicated situations at all (my will is a one pager!), so I didn''t think it was, but wondering if anyone has any different advice?

 

[DivaDiamond007]

I''m not a lawyer (work for one) but I don''t think it would be a problem. Just watch out with the "prepaid legal". We don''t accept anything like that at our office and I don''t know of any firms that do in my area (Northwest Ohio). He''d probably be better off finding an attorney that specializes in estates/probate and just paying for it - not usually that expensive for a simple will.

~Jess~

 

[labbielove]

thanks, that is a good point-
i am sure with the work I am doing currently with my attorney he could ''throw in a will'' for DH for little or no extra $.

dh is checking today for the attorneys in our area that accept that plan.

 

[door knob solitaire]

To address your question:

Consult a professional. Do it right...now. Communal property in the marriage can be held up for years, if not forever simply by one word or phrase not corresponding on each document. Why risk it? Make a married will housed in the same firm. All documents one firms sole responsibility. When it is time to renew or update...when the one firm you use corrects the update, the work may not fall on the same day as his and then hit a snaffu. I do see a problem, and encourage you not to get one thrown in for free. Pay have it done right all in one place.

For all readers:

Not a legal eagle either...but I would like to add ...a will is nothing to just wing. This is the time to hire and pay out the wazoo. This is not a DYI project. I have learned so many go to Office Depot etc, to get the paperwork form and do it themselves.

Done wrong, incorrectly, not complete, wrong name...not dated...so many things can make it void...and hate to remind you...YOU WON'T BE THERE TO CORRECT THE ERROR.


DKS

 

[Kay]

It is very common for a married couple to use the same attorney to prepare their estate plans so that they coordinate. (It is also usually less expensive than having to get 2 lawyers up to speed.) However, it is not required. In fact, in California at least, when we represent a married couple jointly we must first obtain from them a written waiver of any potential conflict of interest that may arise by virtue of the joint representation. If there are any disagreements about whether certain assets are community or separate property, the clients must get separate representation on those issues.

Depending on the amount of assets that each of you has, you may want to create a revocable family trust to hold your assets. The trust allows you to avoid probate court when either of you dies, and also provides estate tax planning opportunities (essential for couples over the $2 milllion mark). Whether you and you husband use the same lawyer or not, you will want to make sure he consults someone who is experienced in estate planning. I have seen some crazy documents drafted by general practitioners who dabble in estate planning (although some of them do produce fine documents, especially when sophisticated tax planning is not required due to the size of the estate).

Disclaimer: I am a lawyer, but not your lawyer. Please talk with your attorney about what is needed.