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I just realized with the death of my mom that I don't have a will but I have my beneficiaries designated at my various financial institutions. I don't have anything about medical or where I want to be buried or any of that stuff.

I looked online and there was one I heard about on the dave ramsey (scumbag predator) show but it was like 160 bucks and I'm not sure what that even means. Is that good or bad should it be more or less. Or do I need to use these companies? Can I just write it on a piece of paper? How does that work?

I just realized with the death of my mom that I don't have a will but I have my beneficiaries designated at my various financial institutions. I don't have anything about medical or where I want to be buried or any of that stuff. I looked online and there was one I heard about on the dave ramsey (scumbag predator) show but it was like 160 bucks and I'm not sure what that even means. Is that good or bad should it be more or less. Or do I need to use these companies? Can I just write it on a piece of paper? How does that work?

(post is archived)

[–] 2 pts

Might be a bit pricier but having a lawyer write it up is an option.

[–] 4 pts

Finishing the lawyer option myself now. It's not cheap but very thorough. State law governs this, of course, but mine includes: - trust - will bequeathing everything to trust - Living will and advanced medical directives - Durable POAs between husband and wife - medical POAs between husband and wife - list for directed disposition of property at death (Mom's ring goes to the daughter...) - probably some things I forget - heaps of contingencies including things I didn't think of like what happens if wife and I die in the car accident, daughter dies in the hospital after 9 days, so son becomes beneficiary of trust, but with a professional trustee, until reaching 25 years of age with support and educational expenses to be paid by the trustee until that time...

It's a huge document, and you have to read carefully to make sure there are no errors, but I'm looking forward to having that done.

Also, a trust can protect your assets under many circumstances which you don't enjoy without one. You also have to get off your ass and move shit into the trust like deeds, titles, bank accounts and name the trust as beneficiary to ira, 401k, life insurance, etc.

[–] 1 pt

Be sure to include a beneficiary to every single income generating item such as pensions. My dear old mom died and left a tiny pension benefit (1200 us) and because she didn't designate a beneficiary, the company kept it. I'm poor enough I could have used it, but there you have it.

[–] 0 pt (edited )

I don't have any of that. I live in a camper and I'm not married and have no kids. All the money goes to my brother, father, and the niece and nephew, via beneficiary designations at my various banks and retirement institutions. I'm just trying to figure out stuff like what happens if I end up in the hospital and I'm a vegetable. I see what they do to people when loved ones aren't there. I'd imagine all the stuff I have stored at my father's would just get divvied up silently. But like who gets my camper? That's at least paid off and the titles in a folder at my dad's and I have no debt.

[–] 2 pts (edited )

Hospital as a vegetable: - living will to tell them to support you or let you go, your secretary of state probably has the forms. You should go all or nothing on this - the hospital will find a way to rack up the bills unless you are very clear about declining all heroic measures to keep you alive. Keep me alive or do not keep me alive. - medical POA to someone who will carry out your wishes medically, also check secretary of state with site - durable POA to somebody who can manage your affairs, maybe secretary of state has basic forms - the trust can provide direction for when you are incapacitated, not sure what the options are here. Trust may also protect property from some of the hospital debt

The thing about power of attorney is that it is something you give, but I don't believe that the designated person is required to give a shit. They can do nothing. Has to be people you trust.

[–] 2 pts (edited )

You want what's called a living will - it specifically directs what happens to you in exactly the situation you described.

You may also want to give someone you trust power of attorney which allows them to act on your behalf, but the living will is the ultimate say-so, and overrides POA. POA tends to end when you're incapacitated, so if you want them to be able to act on your behalf in a non-life threatening but still dangerous situation, make sure the POA is "Durable power of attorney."

Just make sure these say exactly what you want, because they're legally binding.

[–] 1 pt

Do a power of attorney for someone

[–] 0 pt

Solid advice. Wills also protect your family from drama if you have a non-contestation clause so that if one family member gets butthurt, they cant snarl all your heirs in court for years.

[–] 0 pt

My father had a lawyer write up his and it's unbelievably confusing, makes no sense and I want him to have it redone.

[–] 2 pts

I went through this process with my folks. They setup a trust and have certain accounts and properties tied to it. It's basically setup so that, if they are on medicare and face mounting medical bills, the government can't go after their house or belongings. It's for asset protection. A will was also setup but the trust is actually more important IMHO

[–] 1 pt

Consulting a competent estate or elder law attorney would be in order. First consultation is normally free.

[–] 1 pt

But they wouldn't handle someone who's just turning 50. My father went to an elder law person and she was fucking terrible. I honestly feel that my dad should have sat down with me and my brother and talked things out before he went ahead with this will so we could all figure out shit together. Because all that'll happen is when my dad dies. We're going to have 10 different beliefs on what to do. And no general consensus. But my brother will do anything. His fucking wife says so it's going to be two against one and I don't trust that fat bitch as far as I can throw her which obviously isn't that far.

[–] 1 pt

>But they wouldn't handle someone who's just turning 50

I'd agree with half that comment. An attorney who focuses on estate law will speak with someone of any age. You're correct about elder law. That's usually 55+.

I went through this stuff when my parents passed, & now I'm around the age where I should be getting my end stage documents in order.

The following link is for a group of over 1000 attorneys who's practice focuses on estate planning. Just drop your city & state into the search bar and you may be able to find a good one in your area.

That's the best suggestion I can offer.

[–] 1 pt

Thanks, I appreciate it. I'll take a look

[–] 1 pt

My mom bought some software and went through that then took it to a lawyer. The lawyer was thrilled because the software had had her answer 99% of what she would have asked. The lawyer tweaked it and offered suggestions. She did it after her mother died and her smart brother managed to get most of the money. She wanted to make sure what she has goes to me and my brother equally and not to the government. She then sent copies to me and my brother and has another copy in her safe. She has the living will stuff in there as well so we have no questions about what to do if anything medical happens to her.

[–] 0 pt

Davis

[–] 0 pt

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