The form kits for wills, living wills, etc. are very simple. If your situation is simple that may work (e.g. you are single, have no kids, don't have a lot of assets, don't have any special needs or disabilities, etc.) But if your situation is even slightly complex, it's important to have a will or living will crafted to fit your situation.
Keep in mind that when you consult with a lawyer, what you are paying for is not the form used, but the personalized advice and counseling that goes along with it. I'll give you an example of something a good lawyer might point out during an estate planning meeting:
If you have minor children or may have children any time soon, you should include a testamentary trust to hold any assets they inherit if you and your spouse both die. This avoids having to do a dependent probate (i.e. get approval from the Probate Court for each step in the probate process) which is time consuming and expensive. It also allows you to control things like:
Keep in mind that when you consult with a lawyer, what you are paying for is not the form used, but the personalized advice and counseling that goes along with it. I'll give you an example of something a good lawyer might point out during an estate planning meeting:
If you have minor children or may have children any time soon, you should include a testamentary trust to hold any assets they inherit if you and your spouse both die. This avoids having to do a dependent probate (i.e. get approval from the Probate Court for each step in the probate process) which is time consuming and expensive. It also allows you to control things like:
- Who serves as trustee for your children
- How much is paid per month to the family who raises them
- The age at which your children get free reign over all of their inheritance
- The purposes for which the principal balance of their inheritance may be pulled out early (college tuition or medical needs, for example)
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