Question: I see several online will services that are very inexpensive that include a will and a healthcare power of attorney. Is an online will service sufficient for most people? I am in the process of trying to figure out the best way to go about getting a will written as clearly and, hopefully, as affordably as possible.
Response: If you can afford it, pay for an attorney, don’t scrimp on making sure your will is rock solid. You should be able to find an attorney who can create a last will and testament for $250 to $500, and a durable power of attorney/living will for the same amount. The latter covers issues like end-of-life care and what happens if you become incapacitated.
Everyone should have a will, even people who are in their 20s and 30s or who don’t have children. A person making a will or signing a power of attorney must be of sound mind — also known as “testamentary capacity” — and not be under or subject to duress, restraint, fraud or undue influence. But laws do vary by state.
There are many cautionary tales of people who died without a will — like Prince and Michael Jackson — or decided to do an online will. We also heard that Aretha Franklin updated her will and it was under a sofa cushion. One lawyer shared that a wealthy client wrote a will with an online service, but he forgot to sign it.
If you die without a will or without a legal will — one that is not notarized or that has some other legal anomaly that invalidates it — it will be left up to the laws in your state to decide who gets what, which could get complicated if your husband dies before you do. Also, when you do write a will, you should review it every three to five years.
Question: Can I video my will?
Response: If you do not need a legally binding document that contains your direct wishes for your property and assets, as well as the care of your dependents because you are only providing suggested instructions, you can video your desires: Most states require a will to be dated and witnessed by two people who saw you sign it and may subsequently testify that you looked to be of sound mind and acted of your own free will. Unless your video will be written down, signed, and witnessed, it probably won’t be legally binding.