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Living Will
updated: Nov 02, 2012, 10:17 AM

Do any EdHatters know if there is there any place in the SB area where I can do a living will or will?

?COMMENT 338377P	2012-11-02 10:24 AM
We The People might be ble to help you. If you want a real lawyer try Dana Longo.
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?COMMENT 338381	2012-11-02 10:30 AM
A holographic will is legal in California. There are some stipulations but it is much cheaper. Pretty much just the cost of getting notarized.
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?COMMENT 338383	2012-11-02 10:40 AM
You can get the basic forms and outline free from many sources online, and then amend to your needs.
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?COMMENT 338391	2012-11-02 10:47 AM
We should all plan ahead. Creating a will is one essential step. Also one should create a durable power of attorney for health care. And a power of attorney for property management. If married, your spouse needs an equivalent set of documents. The internet will provide examples.
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?COMMENT 338395	2012-11-02 10:51 AM
There's a place on La Cumbre and State (I think) that does wills. They have advertisements all over the display window.
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?COMMENT 338428	2012-11-02 11:55 AM
I am a local Financial Planner and have a lot of experience with estate planning. IF you have any assets, especially a home, you probably should consider a living trust instead of a will, for a variety of reasons. Either way, you should consider calling an estate planning attorney, describe your situation on the phone, see what they suggest and go from there. A local attorney, very professional and a very nice guy is Chris Jones, 1032 SB Street. We refer a lot of our clients to him. He is well respected and will treat you very fairly.
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?COMMENT 338454	2012-11-02 12:34 PM
338428 is right.. Living trust
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?EDHATBARBARA	2012-11-02 01:11 PM
Thanks for the recommendation to Chris Jones, for whom I work. If you mention that you came to us through EdHat, we'll even give you a 10% discount. Anyone who owns real property in California should consider a trust in place of a Will, so that probate (through the court system -- time consuming and much more costly) may be avoided. If your estate is worth $150,000 or less and doesn't involve real property, then a Will may be a better choice, however. Chris can help you decide. A "living will" is not a Will at all -- it is another estate planning tool, an advanced health care directive. This is also very important but does something quite different from disposing of your property. Call us and we'll schedule an appointment (first consult is free) to give you more details. 805-963-2014.
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?EDHATBARBARA	2012-11-02 01:17 PM
For more info see articles at: www.eatonjones.com
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?COMMENT 338500	2012-11-02 02:14 PM
The "financial planner" who recommends a trust instead of a will is misleading you. Ideally you would have both as they are not and either/or choice. There is a big cost difference. You can prepare your own will but the trust should involve an attorney. Also, the trust will be 30 to 40 pages long and require an attorney to understand it. Yes, I have a trust, but it is not the answer for everyone.
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?EDHATBARBARA	2012-11-02 02:50 PM
It isn't necessary for a trust to be 30 to 40 pages long! Software will spit one out that long, but an attorney worth his or her salt can hone it down to considerably less than that, under most circumstances, if that's what your needs require. A "pour over Will" is useful with a trust, but not always necessary; which is why talking to a lawyer is important, regardless of whether you do your own documents eventually, or have an attorney prepare them for you.
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?UPTOUS	2012-11-02 04:47 PM
You can do a will at legalzoom.com
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?COMMENT 338591	2012-11-02 05:41 PM
Go online for a California Advance Directive and print one out for free for your health care wishes. If your estate is large enough, a "will" will put you into probate court which is a huge expense you may not need. So if these terms are unclear to you, do spend an hour with a competent estate planning attorney first - spend $175 or so for an hour of their time and a list of your questions. Then decide if you need to DIY or have a lawyer work with you. For basics, there is nothing better than the NOLO press books on estate planning, wills and trusts for general information. Makes the time more efficient with a lawyer if you don't have to start at the beginning. And if you think you need a "will", you are at the beginning.
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