By Patrice A. Putman, Maine estate and elder law attorney
Most people have some sense of what they want to happen with their “estates” (real estate, savings, cars and the “stuff” in their homes) if they die any time soon. If they have minor children, they know who they want (and, just as importantly, don’t want) to raise their kids. But then they are hesitant to call a lawyer and put their wishes in writing. Why?
Lawyers can be intimidating. When we see commercials about lawyers on TV they invariably use deep, intimidating voices and sometimes even flash fists and baseball bats. In fact, most lawyers are nice people who work hard to meet your needs. Many donate a great deal of their time to charities that they care about and volunteer in their communities.
You are concerned about cost. Having a Will written well and executed properly costs money – but probably not as much as you fear. At our office, a simple Will with a testamentary trust for the kids (a trust that is created only upon one’s death) is usually done for a flat fee, which we quote you at the end of a first meeting. This fee includes the initial meeting to gather all the necessary information and to understand your wishes. This is also when we will tell you about any unintended consequences associated with your wishes so that you can be fully informed about your choices. We then draft the Will, send you the draft, go over any questions or concerns with you, make any changes needed, and prepare a final document. The basic fee also includes a final meeting where any last questions are answered and any final changes are made. The Will is then signed, witnessed, and notarized. Copies are made and instructions (on what to do with the Will and the copies) are given.
You haven’t decided what to do. Decisions about what to do with your stuff or who to name to take care of your kids or to serve as Personal Representative (executor) are really hard decisions. We can help you think these things through. Sometimes you need more information and sometimes you need more options. Lawyers are trained to provide you with both.
If you don’t have a Will, state law determines what happens to your real estate, savings and other assets, a probate judge will decide who the best person is to raise your children. A simple will ensures that these things are handled they way you want.
The information provided in this post is for educational purposes only. It describes the law in effect at the time the materials were written. This information should not be construed as rendering legal advice or offering an answer to a specific legal problem.