What information is needed to prepare a will?

 

To prepare a will, living will, heath care surrogate and a durable power of attorney for financial affairs, we need to know 1) who gets your wealth when you pass away, and 2) who would make health care decisions for you if you could not, and 3) who would take care of business for you if you could not.

 
 

Winston: I'm thinking about having you prepare a will for me. I'm 70 years old. My wife's been nagging at me now for years to get a will [chuckles] done, and I want to have one that's better where I can avoid probate.

Attorney Tom Olsen: Okay.

Winston: my question is, what do I need to bring with me when I come to your office?

Attorney Tom Olsen: Winston, is your wife going to come as well?

Winston: She can.

Attorney Tom Olsen: Ok, Winston. When we're doing wills for people,generally what we need to know is, who's going to get your money, who's going to get your wealth when you pass away.

Winston: Right.

Attorney Tom Olsen: Number two, who would make health care decisions for you if you're not able to. We know you and your wife are each other's first choice, but we want a second and third -

Winston: So we're talking about Power of Attorney there, right?

Attorney Tom Olsen: Yes, we're looking for a second and third choice. Then who would take care of business for you if you're not able to. We know that you and your wife are each other's first choice, we're looking for a second and third choice. Then Rick, or excuse me, Winston, when we are sitting down and talking to you about these will documents, we are going to also give you good advice and counseling about how to avoid probate.

So Winston, the lesson to be learned here for you and the other listeners out there is that, simply having a will has nothing to do with avoiding probate. A will will simply direct what happens to your assets when they go through probate. There are some simple tools for avoiding probate. We will give you advice on that, Winston. Very easy to do, we'll help you through that. We also have a booklet on easy ways to avoid probate, and if you want to get that booklet on Easy Ways To Avoid Probate,  Chrissy what's the best way?

Chrissy: Winston, you can call or text me at 407-808-8398, and I'm happy to send that booklet out to you as a starting point, or for you Winston, you are more than welcome to just stop by here at our office and pick up a booklet because you happen to be so close, but that's a great starting point. And then from there, we can have further conversation. But exactly Tom, as you said, you heard Winston say, which is what we hear from many, many people every day, and that is, "I want to get a will so I can avoid probate."

Attorney Tom Olsen: Right. So Winston, just schedule an appointment with us. It's really going to be easy-breezy for you. Often when we're done signing wills and trusts with our clients, we walk them up to the front of our office and they'll look at us and go, "That was easy." We know people have a hesitation, reservation about getting wills and trusts done but when you're ready to start that process, we know how to make it very simple for you.