I recently ordered one from US Legal Forms. I just filled it out and took it to a notary.
Be very careful of the details in the execution. If it's not a holographic will (written entirely in your own hand), then you need two witnesses who subscribe with names and addresses (I always try to get three just to be sure). You also need a date, and it's helpful to have a self-proving affidavit to prevent the need for the witnesses to testify at the probate hearing. Title 84 governs wills and succession; section 55 is particularly relevant. http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=72959
This is one of those things where hiring a professional to get it right is worth it, because you don't get a second chance.
Also, the fact that she's your ex makes it easier; there's what's known as the "forced share" for a spouse that you can't avoid short of a prenup. Since you two are no longer married, that won't apply.
This is one of those things where hiring a professional to get it right is worth it, because you don't get a second chance.
Also, the fact that she's your ex makes it easier; there's what's known as the "forced share" for a spouse that you can't avoid short of a prenup. Since you two are no longer married, that won't apply.
This statement is the strongest thing I can recommend when dealing with land, or a big inheritance. I know people that have had land in the family for many years lose it all to not being prepared for their passing costing the family millions.
I'm not a lawyer, just an old retired CPA, so my advice is based on 40 years experience, not formal training. I will say that there is a ton of misinformation out there. Trusts are great in certain situations but not for everyone. Ther's more to creating a trust than signing a piece of paper. The majority of estates in the US will not be subject to estate tax, so the main consideration should be seeing that your assets wind up in the hands of the person you intended. Hearsay and less-than realiable advice from well-intentioned friends have caused a lot of problems and cost a lot of unneccary dollars. Spend a little up front for reliable advice.
With regards to trusts, the wife's folks set up a couple with the help of a financial adviser and an attorney. A GOOD setup like that can produce a trust that can't be "broken." The kids of the wife's deceased brother tried to do just that and failed.
I had a half brother ex-con who had our mom write up a will leaving everything to him because she feared for her safety and the day before it was going to probate in court I found out (he lied and said he didn't know where I lived yet, he called me when she died and knew what town I lived). I figured it was over so I gave up. Later I found that if I had gone to an attorney he could have made one phone call and contested the will. Ah well, he's long gone and I have more than he ever had-I'm ahead of the game anyway. Not trying to hijack the thread but maybe it'll be of benefit to someone.
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