How Much Does a Simple Will Cost? (Redux)

Last Will And Testament

At least once a week we see or hear the same question and though we’ve addressed it before, it seems worth repeating.  In the interest of time, rather than write out another full- sentenced blog post on the subject, I’m simply copying and pasting here from the answer just wrote personally responding to this question in a local moms’ group of which, as a mother of 4 young children now between the ages of 1 and 10 (oh my head, my 1st baby just turned 10! I’m still processing this from a couple days ago), I’m a member:

“I agree it’s really hard to just quote a fee without knowing more. Here’s (a long-winded answer – sorry!) why. If you are just looking to plug your names into a couple standard documents, you can probably do it free or very cheap yourself. Then you can wait & see what happens, eventually. Actually, by the time those documents are tested you’ll necessarily be incapacitated or dead (that’s when the documents come into play). A better plan is to seek legal counseling to help you make the most informed choices for your own family based on your unique family and financial circumstances and for that you will need a lawyer who practices in this area of the law (“estate planning”) all or most of the time who will know what questions to ask you so she can spot the issues unique to you and help counsel you through the choices you will need to make (& if she’s good, there will be a lot of questions & a lot of choices!). For examples: what kind of will are you really talking about – just 1 will or 1 for you and 1 for your spouse? simple or pourover into a trust? do you have any children with another partner or does your spouse? are either of you remarried? do you expect anyone to challenge your wishes? what if your spouse wants to remarry if you die? will your Will have a testamentary trust in case you & your spouse both die while your children are still minors? how do you make decisions about who to name for what roles under your plan? who will care for the children and who will handle their money for them – the same person or different people? what if you & your spouse can’t agree – how do you find a solution to that? what if you’re not married – what legal rights do both of you have? do you care about paying estate taxes? do you even know if you might have to? are there other legal documents (perhaps more urgently important than a will, which only comes into effect after you’re dead) included (medical directives, powers of attorney, guardianship for minors etc.), what if you’re pregnant and incapacitated? will you ever hear from your lawyer again? what if your circumstances change (they will)? what if the laws change (they will)? how will you be notified & know to make changes? where will you store all your documents & how? how will you notify and explain all of this to the people you want to take care of you? are there things you really want to say to the people you love or tough explanations you need to make & if so, is your lawyer going to show you how and help you do that? What everyone really needs is an estate plan, which includes a Will that may or may not be simple, depending on all the circumstances involved. For more info. about all this you might be interested to read some of the materials on my website here: http://www.dgvelaw.com/e-courses.html And fortunately in this area there are a lot of lawyers so it becomes a matter of finding the right combination of skills, experience, and “fit” between you and your lawyer (like you would in seeking a doctor for ongoing consultation and care). Good luck!”

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About Danielle G. Van Ess

Danielle G. Van Ess is a Massachusetts (born and raised), experienced estate planning and small business attorney who helps her clients protect and preserve what matters most to them. To learn more, please visit: dgvelaw.com or call: 781-740-0848