ADVICE
Net sites, programs can help create a will
By Kim Komando
Nobody likes to talk about death and dying, but creating a will is a must. You can do it the old-fashioned way by going to a lawyer, or you can use a software program or Web-based service to create a legal, inexpensive will in less than an hour.
Do-it-yourself wills are controversial. Not everyone agrees that they are a good substitute for a lawyer.
Nancy Coleman, director of the American Bar Association's Commission on Law and Aging, cautions against solely using do-it-yourself services. She says they are an excellent tool to educate consumers and a good first step, but the resulting documents should be double-checked by a lawyer.
However, Paul Bergman, a law professor at UCLA, says do-it-yourself wills are fine for most people. Only people with special circumstances, such as those with assets in the millions or those who want to disinherit a spouse or child, require a lawyer, he says.
If you're interested in drafting your own will, several products can help.
Quicken WillMaker Plus 2004 (nolo.com) retails for $79.99, but it is available at discount sites such as Amazon.com for $25.99 after rebate. This Windows-only program creates wills, trusts, healthcare directives and more.
WillMaker Plus 2004 conducts an easy-to-follow interview. If you are unsure how to answer, there is a comprehensive legal manual. There is online help, too — encyclopedias and glossaries — designed for lay people.
As opposed to a software program, Legacy Writer (legacywriter.com) is a Web site that will help you create a will for $19.95. For an additional $9.95, you can revise your will an unlimited number of times during a five-year period. You do not have this extra expense if you use a software program such as WillMaker Plus on your own computer.
The site's easy-to-use questionnaire is filled with highlighted words and phrases. Clicking on a highlighted area activates a pop-up window with further information, usually a helpful hint.
For example, you can make specific bequests appear in the body of the will, in a property list you can update or within the body of the will with a reference to a property list. The pop-up window lets you know what should be included (engagement ring), what should not be included (cash gifts) and where it should be included (it is most common in the body of the will).
LegalZoom (legalzoom.com) is another Web site that offers will services. It goes one step further than LegacyWriter. A paralegal proofs your will before it is printed. A standard will costs $59. For an additional $50, you get unlimited revisions for five years, plus LegalZoom will store your will for five years.
LegalZoom's clean interface makes filling out the will easy. Many sections are dotted with yellow exclamation points. Click on these for a pop-up window that gives further clarification and examples. You can choose to have the will mailed or e-mailed to you.
Depending on the state you live in, two or three witnesses must sign wills created with these services. The program or site you use will let you know.
In addition, wills created with WillMaker Plus or LegacyWriter are not valid in Louisiana. LegalZoom states that their wills are valid in all 50 states.
There are other options for do-it-yourselfers. The American Bar Association does not endorse any products, but it has an excellent site that clearly explains wills (abanet.org/rppt/public/home.html).
Reach Kim Komando at www.komando.com/newsletter.asp.
