Initial Documents for Simple Wills

One common service we offer are simple wills.  The questionnaire attached is what we suggest a client fill out and then either we can discuss the matter further or I can draft the will from the questionnaire.  When it says what the client had it mind, I then bring the client in to execute it.  An execution sounds ominous but is simply having the client, with an intent to sign a will, do so before witnesses.  We often can supply the witnesses.  When a person does a will, it is a convenient time to address the issues raised in an Advance Directive.  This latter document does not need an attorney but is attached for client’s convenience.  I also do Powers of Attorney which are generally durable meaning they continue the ability to act on behalf of the person giving the power even if he or she becomes incompetent.  While very handy for helping an elderly parent or relative, the person giving the power must be aware that as between the person to whom the power was given and the rest of the world, the person with the power has fully capacity to bind the giver of the power.  Although it is true that the person to whom the power is given is to act according to the wishes of the person who gave the power, as a practical matter, there may be no recourse if the person with the power goes a drift.  Ask the family of the old man who gave the power to his favorite waitress who went about selling and pocketing all the old man’s assets.  The family did not know anything about the giving of the power until the old man was dead and the waitress long gone.

Be sure to check our seminars.  The wills and probate one is very popular and in two hours I can really cover a lot of ground, personalize it to the people who are there, and we generally have a good time.  See you there. Will Questionnaire Advance Directive pdf.cwk

Leave a Reply

Your email address will not be published. Required fields are marked *