If you and your dp died. . . - Page 3

[fek&fuzz]

Originally Posted by Viewfinder

Haha, thanks f & f. "Ack," that's funny.

But tell me, isn't that what a holographic will is? And if one has no money, how can one address the need for a valid will when one cannot hire an attorney to advise one, and draft it?

Thanks again. Ack!

VF

A holographic will is will that is entirely in the handwriting of the testator and signed by the testator. But, in Mass. (and some other states) a holographic will is not valid, so it doesn't matter what you write, unless you also meet the other requirements for a valid will - witnesses, capacity, intent, etc. Each state has different requirements.

As for paying for a Will, you may be able to find an attorney who would charge as little as a few hundred dollars. Maybe there is a law school near you where the students can work under the supervision of a licensed attorney for free. Maybe you can find an attorney willing to do one pro bono, or accept payment by credit card or on an intstallment basis.

I have clients who don't have a lot of money, but I try to work with them to get things done in stages, the guardianship part done first, then Wills, then a trust if they will have significant life insurance, etc. I keep hoping a client will come along who has chickens and a vegetable garden and will want to barter.

The value of having an attorney (as opposed to using a form from Staples) is that the attorney can be on the lookout for problems or issues. You have someone to answer all your questions. Someone to guide your guardians if something does happen to you.

I once heard of an attorney who did "Will Parties", he would interview all the clients (who knew each other, and one had volunteered to be the host) over the phone individually, draft their documents, and then go to the host's house a couple of weeks later and every one could sign their documents. He charged quite a low price, but was able to get them all done at once. I've often thought about doing something similar.

[carolynrosa]

We set up a living will that names our DDs god parents as the guardians for our child and future children. We chose them as Godparents because they are good friends of our who live close and share very similar values. They understand why we don't vaccinate, why we want to homeschool, they share our politics. If they have children they also want to homeschool, and we know they would raise our kids the way we would want them raised.
Our parents would probably understand, although they might not be happy about it. But this couple would be the best substitute for us in the even of our deaths. They would best be able to raise our kids and continue their lifestyle. I would never wants our children to be put with someone who would turn their world on it's head by having very different values and lifestyle...