Question for the legal types.

[24/7]

How often are Wills and or Trusts deemed invalid or illegal because they were done on software programs like Quickens Will-Maker or Legal Zoom? I've looked on the net and haven't found much indicating that the folks who've used them have encountered significant problems. As I understand they are supposed to include the state specific legalize.

[CB]

The only state that I have ever had an issue with is the State of Louisiana.

The will was prepared in Mississippi, as a Mississippi will, but the man was in the process of moving to Louisiana. He died in New Orleans a few days after signing a contract to buy land in Louisiana.

The probate court didn't want to honor the Mississippi will, since the testator died in Louisiana and had real estate in Louisiana that would pass under the will to his widow.

I had to associate a New Orleans attorney, and execute a special affidavit, to get the Tangipohoa Parish Probate Court to accept the Mississippi will and get the widow a clear title.

So, other than Louisiana, nothing but good results.

The two problem areas with home-made wills are:

1 - Don't mix handwritten entries and typed entries. They should be all in the testator's handwriting (a holographic will) or all in the typewritten word processing format.

2 - Use the self-proving clause that the state prescribes. They are almost all the same, but make sure the formalities of number of witnesses, signing in the presence of each other, and in the presence of the notary, etc. are followed.

Uh, don't you have a Legal Assistance Office available from your friendly JAG at Ft. Bragg?

[rgrjoe175]

Gotta love the only state in the nation that is not common law....LOL

[Whitebean54]

Gotta love the only state in the nation that is not common law....LOL

HELL YEA YOU DO!!!!! :biggrin:

[iraqgunz]

Just an FYI. I had a Revocable Living Trust done using Quicken Willmaker and I used it to purchase a suppressor. BATFE accepted it and sent me my permission slip.

[Luke]

As CB said, if the will is properly executed under your state's legal requirements, it should be valid. However, we lawyers make more money fixing a mess in probate than we do in drafting a will. It's our job to figure out what might go wrong and to prevent it from happening. Crazy things do happen. Just had a case where a 23 year old woman burned through $300K of life insurance benefits in a year. There wasn't a trust set up, so there was nothing we could do to stop it.

To be on the safe side, it wouldn't be a bad idea to have a lawyer review your will just to make sure its valid and does what you want it to do. That'll cost more than trusting Quicken, but should be less expensive than paying a lawyer to draft it for you.

[Dark Helmet]

Just had a case where a 23 year old woman burned through $300K of life insurance benefits in a year.

Is she hot?

[hile]

Just an FYI. I had a Revocable Living Trust done using Quicken Willmaker and I used it to purchase a suppressor. BATFE accepted it and sent me my permission slip.

Slightly off-topic, but what does a Revocable Living Trust have to do with purchasing a suppressor? IE, the trust owns the suppressor rather than you own it? If that's the case, can one extend that to non-class III items, and if so, how do you fill out the paperwork?

[iraqgunz]

Well long story short is that you can legally purchase NFA items using a Revocable Living Trust. You create a trust (with whatever name) addd the items to a Schedule A and then get everything notarized and send it to the BATFE. You are not required to get a CLEO signature, fingerprints, photos, etc...The paperwork in my case was done by the store where I purchased the items and I don't have the paperwork with me so I can't tell you the details. What else would you want to purchase??? Using it for non NFA items would serve no purpose that I know of so I can't answer your question.

Slightly off-topic, but what does a Revocable Living Trust have to do with purchasing a suppressor? IE, the trust owns the suppressor rather than you own it? If that's the case, can one extend that to non-class III items, and if so, how do you fill out the paperwork?

[hile]

Well long story short is that you can legally purchase NFA items using a Revocable Living Trust. You create a trust (with whatever name) addd the items to a Schedule A and then get everything notarized and send it to the BATFE. You are not required to get a CLEO signature, fingerprints, photos, etc...The paperwork in my case was done by the store where I purchased the items and I don't have the paperwork with me so I can't tell you the details. What else would you want to purchase??? Using it for non NFA items would serve no purpose that I know of so I can't answer your question.

Okay that makes sense. Thanks.

[Luke]

Is she hot?

I don't think it mattered. To quote Lawrence from Office Space, "chicks dig dudes with money," except the roles in this situation were reversed.

[Jason8541]

Sorry to resurrect an old thread, but didn't want to waste bandwidth creating a new one. I'm trying to tie-up some loose ends before leaving the country, and was considering creating a will through an online resource and was interested in opinions on what software/resources others have used? I've already created a durable power of attorney through LegalZoom, but have heard mixed reviews about this site. Any opinions/experiences would be appreciated!