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Wills: Software Package vs. Lawyer

Written by: Jose Anes

Article Overview: Should you use a software package to prepare your last documents, or is it a task that should only be delegated to a lawyer?

Wills: Software Package vs. Lawyer

One of my 2007 Goals was to prepare all of the disaster-related papers. I had to decide if I would use a software package or a lawyer. I decided to give a try to a software package to prepare the following documents:

* Last Will - Who inherits what.
* Health Care Proxy & Health Care Directives - Who can make live saving or live terminating decisions on your behalf. Two documents for this purpose.
* Durable Power of Attorney - Authorization to make financial decisions on your behalf (given to someone you really trust). Regular power of attorneys cease to function if the person is incapacitated in some way.

The process of creating these documents was extremely simple. Less than an hour. It took longer to print and have them signed. The power of attorney has to be notarized (and if you want it to be in effect for Real Estate it has to be registered at the County). The Health Care Proxies have to be witnessed. The Last Will, needs to be Witnessed and notarized.

Was it worth to pay the $60 the software costs? Unfortunately the only way to know for sure is to die or become incapacitated. I surely do not want to try that route. I can give you an honest opinion on what I think about the software.

The Last Will is complete, and most probably safe. It does not provide for fancy or conditional bequests, as they can make the will difficult to stand in probate court. You can prepare a fairly simple will that will be suitable for most people. To me, this was the part of least value, as I do not have any dependents who will be affected by my demise.

The Health Care Proxy, Health Care Directives, Durable Power of Attorney, and similar documents I think are more important. They may affect the quality of life after incapacity – that is… affect me and those who I love. I think WillMaker did a very good job at these documents. Also template and form driven, but I think they are more appropriate for this purpose.

Should you use the software? In my opinion, if you have been putting off the creation of these documents due to lack of time or just because you do not want to get out of your chair – go and buy one now. Keep in mind you will need to get out of your chair to execute the different documents – so you may not be saving time when compared to the documents a lawyer may prepare for you.

I think that even if you plan to have a lawyer prepare the documents it is a good idea to prepare them yourself in Will Maker first. It will help you clear your mind on some decisions which you may have to answer to your lawyer anyways. And it will give your lawyer a head start on your wishes: he/she may spend his/her time on protecting your interests rather than asking the standard questions.

Would I use a lawyer for these documents? I would probably use a lawyer for the Will if I had dependents. If I get myself some dependents in the future, I will do so. For the rest of the documents, I think I would save the lawyer’s fees and invite my wife to dinner. After all, she may be the one who might have to use the documents.

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Article Tags: bequests, demise, dependents, disaster, durable power of attorney, financial decisions, good job, health care directives, health care proxies, health care proxy, honest opinion, incapacity, lawyer, power of attorney, power of attorneys, probate court, quality of life, real estate, software package



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