I agree whole heartedly,
@Duckfarmerpa1!!! We have a very simple will, which we downloaded (free) from online. It basically says that if I die first, DH gets everything. If he dies first I get everything. There are a few things that have been promised to individuals, and those are listed. Our daughter has been listed at having access to all our bank accounts, so she won’t have to jump through hoops, like I am having to, to get access to funds in our accounts. It turns out, I have to prove that I am probating her estate, with a certified death certificate and a small estate affidavit (which I can’t sign or have notarized until 40 days after her death) and THEN I will have to wait 60-90 days to have a check mailed to me. In the mean time, I have expenses, related to the estate, and I have to pay them out of my own pocket, to be reimbursed several months out. So, Duck Farmer, do your son a favor and get that free online will form, fill it out, and sign and get it signed and notarized.
When both of us are gone, my daughter (from my first marriage) is the executor and everything gets divided equally, three ways, amongst the kids. So, they each get 33% and the extra 1% goes to my daughter, since she will be probating the estate. They all have a copy of the will. There will be no arguing, as all have agreed to the terms. In addition to the will we both have medical power of attorney/health care directive, which says there is to be no “heroic measures” if we are terminal. As with my sister, when the end was near, there will be no breathing tube or IVs to keep us alive unnecessarily. When it is time to go, we want to go peacefully. (Sedation/pain meds are perfectly okay!)
FYI, a quick online search came up with this link. I think the page is for a common law situation:
Living Will (Medical power of attorney)
Power of Attorney
Customize, print, and download your free Power of Attorney today!
www.lawdepot.com