pmd@cbnews.ATT.COM (Paul Dubuc) (06/23/89)
I wonder if anyone has any experience with software for making and maintaining a will. In particular, I've heard about one called WillMaker, by Nolo Press. Does anyone have any experience with this or any other package, or any thoughts on making up your own will vs. using a lawyer? Thanks. -- Paul Dubuc | "Civility is highly prized by the uncertain. att!asr1!pmd | It needs most to be exercised by the certain." | Richard John Neuhaus |
jamesd@percival.UUCP (James Deibele) (06/25/89)
In article <7705@cbnews.ATT.COM> pmd@cbnews.ATT.COM (Paul Dubuc) writes: >I wonder if anyone has any experience with software for making and maintaining >a will. In particular, I've heard about one called WillMaker, by Nolo Press. >Does anyone have any experience with this or any other package, or any thoughts >on making up your own will vs. using a lawyer? Thanks. >-- I've just finished reading an article on will-making programs (I believe it was in Shareware, a magazine that PC-SIG publishes on the shareware and public domain disks they sell; may be available at your local tech booktore or a Software Etc. (national chain) store if you have a big mall nearby) and their report said that WillMaker was legal only in California. Most states allow a "holographic" (you write the whole sucker out in long-hand) will, but some do not, and it's always best to get a lawyer's advice. I don't like lawyers any more than the next person, but if the will is declared invalid, it goes to probate, which means the courts decide who gets what. Not fun for a family to go through ... -- James Deibele UUCP: jamesd@percival FidoNet #1:105/4.1 TECHbooks: The Computer Book Specialists (503) 646-8257 12600 SW 1st Beaverton, OR 97005 BBS: (503) 760-1473 C++, X 11, BSD 4.3, TCP/IP, OOPS, Sys V, VLSI, & more ...
ckd@bucsb.UUCP (Christopher Davis) (06/26/89)
In article <1521@percival.UUCP> jamesd@percival.UUCP (James Deibele) writes: - In article <7705@cbnews.ATT.COM> pmd@cbnews.ATT.COM (Paul Dubuc) writes: - >I wonder if anyone has any experience with software for making and maintaining - >a will. In particular, I've heard about one called WillMaker, by Nolo Press. - >Does anyone have any experience with this or any other package, or any thoughts - >on making up your own will vs. using a lawyer? Thanks. - >-- - - I've just finished reading an article on will-making programs (I believe it was - in Shareware, a magazine that PC-SIG publishes on the shareware and public - domain disks they sell; may be available at your local tech booktore or a - Software Etc. (national chain) store if you have a big mall nearby) and their - report said that WillMaker was legal only in California. Funny, but I've seen it in Massachusetts and Washington--and reviews of the Mac version (presumably legally the same) say it's legal everywhere but in Louisiana (which, due to their different legal tradition, I don't find very surprising). Could you please check your references? - -- - James Deibele UUCP: jamesd@percival FidoNet #1:105/4.1 Disclaimer: I don't work for them, I don't even own the program. -- /\ | / |\ @bu-pub.bu.edu <preferred> | Christopher K. Davis, Boston U. / |/ | \ %bu-pub.bu.edu@bu-it.bu.edu | [but not speaking for them] \ |\ | / <for stupid sendmails> | BITNET: smghy6c@buacca \/ | \ |/ @bucsb.UUCP <last resort> or ...!bu-cs!bucsb!ckd if you gotta.
dave@lsuc.on.ca (David Sherman) (06/30/89)
In article <7705@cbnews.ATT.COM> pmd@cbnews.ATT.COM (Paul Dubuc) writes: >I wonder if anyone has any experience with software for making and maintaining >a will. In particular, I've heard about one called WillMaker, by Nolo Press. >Does anyone have any experience with this or any other package, or any thoughts >on making up your own will vs. using a lawyer? Thanks. Use a lawyer. Software for making wills can pull together clauses that work in the right context. But no software, even "intelligent" document modelling software, should be used for such purposes unless you can be sure that the software can identify the right context. There are too many variables involved in making a will. Sure, you can get it to give you wording to leave your piano to your niece and the rest of your estate to your brother. But will it pick up on the implications of your particular fact situation, that suggest you need more careful tax planning, or some unusual adjustment to your estate plan? Or that the executors or trustees you're naming won't work for one reason or another? I have written a document model to handle complex transactions (tax-based transfers of assets to corporations). Even though the model was developed using the best document modelling software around (Legalware), and is recognized as the most advanced use of that software in existence in terms of the customization and sophistication of the analysis and recommendations it gives, I would never suggest that it be used by a neophyte. Such tools are excellent when used by those with legal training, but dangerous when you don't really know what you're doing. At least in Ontario, most lawyers charge relatively low fees for doing wills. (They hope to make it back on handling the probate for the estate.) Go see a lawyer. David Sherman The Law Society of Upper Canada Toronto -- Moderator, mail.yiddish { uunet!attcan att utzoo }!lsuc!dave dave@lsuc.on.ca
jimb@athertn.Atherton.COM (Jim Burke) (07/01/89)
In article <1989Jun29.225030.1344@lsuc.on.ca> dave@lsuc.UUCP (David Sherman) writes: > >Use a lawyer. > >There are too many variables involved in making a will. >Sure, you can get it to give you wording to leave your piano >to your niece and the rest of your estate to your brother. >But will it pick up on the implications of your particular >fact situation, that suggest you need more careful tax planning, >or some unusual adjustment to your estate plan? This is the standard advice given by the bar association and its members. It assumes that all non-lawyers are not capable of understanding their own affairs. I beg to differ. What I will concede is that, if you have a large estate or a very complex personal financial structure, you should seek advise. Also, if you try to educate yourself on wills and estate planning and still cannot understand it, seek advise. However, a large percentage of intelligent people are perfectly capable of writting their own will. The majority of people leave an estate of a house, car, personal effects, and a modest bank account. These properties can be disposed of fairly simply in your will. Trusts and the like get more complicated. If you know your situation to be fairly simple and understand the basics, I believe you are fairly safe. In any event, a will disposing of $20,000 in property does not have to be as iron-clad as a will disposing of $20,000,000. And in the case of ambiguities, probate courts rule in the direction of what the testator appears to have intended. -- Jim Burke (408) 734-9822 (temp) | I don't know nothin' 'bout birthin' jimb@Atherton.COM | no babies, Miss Scarlet! {decwrl,sun,hpda,pyramid}!athertn!jimb |
barr@frog.UUCP (Chris Barr) (07/01/89)
dave@lsuc.UUCP (David Sherman) writes: >In article <7705@cbnews.ATT.COM> pmd@cbnews.ATT.COM (Paul Dubuc) writes: >>I wonder if anyone has any experience with software for making & maintaining >>a will. In particular, I've heard about one called WillMaker, by Nolo Press > >Software for making wills can pull together clauses that work >in the right context.... > >But will it pick up on the implications of your particular >fact situation, that suggest you need more careful tax planning,... I looked at WillMaker briefly at Egghead SW yesterday. The manual (& perhaps the s.w.) does cover estate planning, and points out that there's a lot more to be done than writing a piece of paper. The current release is dated 4/89, originally released in '85. They publish several other legal software packages. Remember, folks, the super-productive Japanese have 20 times *fewer* lawyers per capita that the USA. How about that 'fact situation', Attorney Sherman?
mattern@ncoast.ORG (Duane L. Mattern) (07/06/89)
>In article <1989Jun29.225030.1344@lsuc.on.ca> dave@lsuc.UUCP (David Sherman) writes: >In article <7705@cbnews.ATT.COM> pmd@cbnews.ATT.COM (Paul Dubuc) writes: >>I wonder if anyone has any experience with software for making and maintaining >>a will. In particular, I've heard about one called WillMaker, by Nolo Press. >>Does anyone have any experience with this or any other package, or any >>thoughts on making up your own will vs. using a lawyer? Thanks. >Use a lawyer. > (etc.... deleted) >I would never suggest that it be used by a neophyte. Such tools >are excellent when used by those with legal training, but >dangerous when you don't really know what you're doing. >At least in Ontario, most lawyers charge relatively low >fees for doing wills. (They hope to make it back on >handling the probate for the estate.) Go see a lawyer. > >David Sherman >The Law Society of Upper Canada >Toronto Gee, would you expect to hear anything different from a "Law Society"? I've used WillMaker from Nolo Press. It's a nice package put together by people who want to put law back in the hands of the people. Nolo does its homework when it publishes a book and WillMaker is no exception. Nolo publishes many books and software packages on all types of law, all with the idea of making it understandable to the "common person". WillMaker comes with a book (some 200+ pages) and it has been updated every year since 1985 (sometimes with 2 updates in one year). Certainly, the software shouldn't be used without the book to explain things. The book discusses: Introduction, About Wills Generally, Computer Wills: Are They a Good Idea?, How to Use the WillMaker Manual, What Is in Your Estate, Estate Planning Basics Designed to Limit Taxes and Probate Fees, Special COnsiderations for Children, Planning for the Unexpected, What WillMaker Can and Cannot Be Used For, Review and Print Your Will, Signing and Witnessing, Keeping your will up to date, Your will's technical language explained, WillMaker User's Manual, Glossary. I have no connections with Nolo Press except a happy customer. I recommend WillMaker to everyone....even lawyers ;-) Nolo Press, 950 Parker St. Berkeley, CA 94710 415/549-1976 P.S. Nolo publishes a newsletter. On the cover of the summer '89 issue "What's So Funny About Lawyers? Laughing at Lawyers Throught the Ages" --------------------------------------------------------------------- | Duane Mattern (216)433-8186 (mattern@ncoast.uucp) | | Sverdrup Technology, Inc. at NASA Lewis Research Center| | 21000 Brookpark Rd, M/S 77-1 Cleveland, Ohio 44135 | ---------------------------------------------------------------------