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max713
max713, Lawyer
Category: Family Law
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I am married and have two little kids and have yet to write

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I am married and have two little kids and have yet to write a will and trust. I have life insurance and have listed my sister (an adult) as the secondary to my husband. Do I need to establish a trust? What computer software would you recommend for writing a will? Does it include a "living will"? What paperwork do I need to do to list my sister as the one who will take care of our kids should both of us die or something?

max713 :

Hi, I'm trained and experienced in family law, and I would love to help you through your current situation. Great questions. (1) You do not need to create a life insurance trust for your life estate, but you can avoid probate if you do so; this will save the beneficiaries a great amount of money; (2) Nolo is well known for providing a good product, and its online will product is typically highly regarded. TotalLegal also provides a free online will: http://www.totallegal.com/Wills.asp?m=legalplan&gclid=CMmqz4j3rbMCFexFMgodggcAIg; (3) TotalLegal also offers a free living will: http://www.totallegal.com/livingwill.asp?src=g12livingwillsz&gclid=CJyduLr4rbMCFRBgMgodun8A9Q

max713 :

To make sure that your sister will care for your kids when you pass on, you would typically need to create a support trust. For that, there is not software of which I am aware, as that is a more complicated instrument.

max713 :

Typically, you would need a trustee (the one who cares for your kids), a beneficiary (your kids), a purpose, and it has to be signed, dated, and notarized; also, you must list that you are aware of your property and who would receive - to show capacity. And, two witnesses should sign off acknowledging that they witnessed you completing the support trust. Furthermore, the will should refer to the support trust, so it can be incorporated. Also, the will itself should be signed and notarized and witnessed by two uninterested parties (who sign off acknowledging that they witnessed it).

max713 :

Remember, this is for informational purpose only; it is not advice.

max713 :

Does that make sense?

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