Getting lots done during our down time here. But, it's been busy! There's been something going on almost every day, and when there's nothing going on we are doing Ecuador research and planning for the Mexico RV trip this winter!
Life is never boring, that's for sure! We've also been looking after some personal things like changing our banking, credit card, and investing providers. Along that same line of thinking is updating our wills... something that hadn't been done since 1996!
Last time we did that it was to make sure that our children were looked after in the event of our demise. But they are now adults and we had been procrastinating on making the changes. Nobody's fault but our own!
Statistics say that 50% of Canadians and 60% of Americans have no will. There may be many reasons for that, including the fact that lawyers aren't cheap.
And we really don't like giving lawyers money for such a simple thing. Most people's wills are fairly straightforward, so now with everything being online, there had to be a cheaper way. And in true Kevin and Ruth fashion, we found the cheapest way.
https://www.uslegalwills.com/ in the United States.
https://www.legalwills.ca/ in Canada.
https://www.legalwills.co.uk/ in the United Kingdom.
You have to do a separate will for each of you. But, you get a 40% discount on the second person, so it's a pretty good deal. Also, I found you a discount code that gives you a further 10% off the entire price...
a1001758077
Simply insert the code in the box provided on the payment page.
Then, you fill in all the blanks with your own particulars and decide who gets what. Normally, everything would go to your spouse, but there may be individual items that you want to leave to others. That option is there as well. They cover all the bases, including listing your executor and what might happen if your beneficiary passes away shortly after you do.
It took me about an hour to complete mine, but then when you do the spouse one it is much faster because you are used to the software.
Then, you print it out, and sign it with witnesses signing as well.
I compared it to the will we had done by a lawyer in 1996, and it is very similar and just as professional.
Yesterday, we drove down to our daughter's place in Osgoode. Lindsey and Justin are celebrating their 10th wedding anniversary and they bought themselves flight tickets to New York City as a gift! I had to get up at silly o'clock (3:30am) this morning to bring them to the airport for their 6:15am flight to Toronto where they connect to New York City.
So, we are putting our grandparent skills to the test between now and Sunday when they return!
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Laws vary state to state. Here in New Mexico, probate judges aren't required to have a law degree, so the state has published a guide for probate judges that is online. If your situation isn't complicated, you can read it and figure out what constitutes a legal will, and write one for yourself that will conform to state probate law.
ReplyDeleteHowever, we do believe that if you write it yourself it has to be in your own handwriting, signed and witnessed to be legally binding.
DeleteActually, New Mexico does not recognize handwritten (holographic) wills as valid. That's why it's important to understand your state's law.
DeleteAhh ok. guess we just didn't realize that. You are right, it is very important to check the laws where you are living.
DeleteFor a holographic will you do not get it witnessed. You must write in your own handwriting and sign it. That's all. The test case was a farmer who was pinned under his tractor. He carved his will into the fender, signed it and the courts considered it binding.
DeleteExcept that isn't legally valid everywhere, such as in New Mexico as Creigh mentioned although they do allow a handwritten will if it is witnessed by two people as you sign it. https://pbwslaw.com/criteria-legal-will-new-mexico/
DeleteWriting your own Will using online software is not the same as preparing a holographic Will. Writing your own Will using a service like this one is the same as preparing any type written document - it must be signed in the presence of two witnesses. A fully handwritten document (a holographic Will) does not need to be witnessed. Just because you prepare it yourself (by using software) it does not make it a holographic Will. A Will prepared using software, and signed in the presence of two witnesses is accepted in all jurisdictions. You shouldn't get the two things confused.
DeleteThank you Tim for that explanation, I guess I didn't fully understand the difference between the two and now I do. :-)
DeleteGreat info re:will preparation Kevin. Thanks! I’ll look into it when it’s time to review ours. Have fun “parenting “ your grandchildren for a few days. Your children are blessed to have you and Ruth help out!
ReplyDeleteYou're welcome Lynnette, I hope that you will remember when the time comes. :-)
DeleteWe are having fun and yes, it is handy that we are around to help out Lindsey and Justin so that they can have some time away.
Nice info on wills. I started one on-line but got stuck with a question I couldn't answer so there it sits unfinished. I've tried contacting the on-line will people but so far no response but I keep getting a reminder to finish my will. This made the on-line will suspicious so I didn't finish it. Funny now I can't delete it. Yikes!!
ReplyDeleteYou don't mention what company it was.
DeleteWilling.com
DeleteSorry can't help you out other than saying it might be wise to get someone else to look that question over with you and maybe they can help you finished that part off.
DeleteWe paid a notary to do ours, much less than a lawyer but more than you paid! Ours are a little more complicated as we have thing that allows Mom to stay in our Condo even if we croak and the kids can't sell it until she no longer wants to live there. We did that in case they inherited and got a divorce, this prevents the sale out from under her. It didn't cost any more to do but is worth the peace of mind. She has to pay the taxes and condo fees in that case but no rent. The kids would never kick her out but divorce makes people do things they don't want to do. We still wanted the kids to inherit the property. This was the answer. But now the wills really don't need updating for many more years.
ReplyDeleteYes, using a notary public would be another good choice, at least it is cheaper than a lawyer and if you have a more technical will then it is probably best to make sure that you have all the bases covered. Our will is pretty basic which makes things much easier for us.
DeleteNice that you are making sure your mother is looked after should something happen to you both before her death.