Byline: Lewis Taylor The Register-Guard
There are some things for which computers and the Internet seem almost tailor-made.
Dying is one of them.
Well, not the dying part, but the preparing part.
Thanks to an influx of online programs, commercial software
You can do it in as little as a half an hour, says Mary Randolph, vice president of the editorial department of the Berkeley, Calif., legal publisher Nolo.
"Wills are fairly standard documents," she says. "Almost everyone can use a simple will. You're not going to get yourself in trouble with a simple will."
Wills are so easy, in fact, you could even draw one up on a napkin if you had to. While not recommended, these so called "holographic wills" are designed for the rare instance in which someone is dying and in need of an instant will - think trapped underneath a car (with a pen in your pocket).
For printed wills, the state of Oregon allows for a standard, very straightforward, boilerplate will, which can be found on dozens of legal form Web sites for a few dollars.
If wills are so easy, why do Americans seem more interested in, say, buying cell phones - nearly twice as many Americans (240 million) have cell phones as have wills (126 million) - than they are in securing a future for their spouses and dependents?
Perhaps because thinking about dying just isn't as much fun as shopping for a new Krzr phone at the Verizon kiosk.
But it doesn't have to be morbid, insists, Randolph. Instead, she says, think of a will as a safety precaution.
"You don't have to dwell on all the terrible things that could happen," she says. "It's like buckling your kid into a car seat. You don't have to dwell on the fiery car crash."
To understand why a will is a good idea, consider what happens if you don't have one.
A person's property goes through a court process called probate, in which the state uses a predetermined formula to divvy up everything.
In some instances, this formula could lead to exactly the results you want. For example, with no will, your estate could be distributed first to your spouse and then to your children.
In other cases, it can be disastrous, not to mention expensive. The state could appoint a guardian for your child if you haven't chosen one yourself or distribute money to your spouse and your parents if you have no kids.
One of the most commonly cited reasons for not having a will is that it costs too much. But by one estimate, having the state handle your assets can cost 300 to 400 times as much as a will.
A low-cost will prepared by a lawyer will run you anywhere from $300 to $1,200. Some lawyers charge thousands of dollars for complicated plans involving wills and trusts.
Meanwhile, Quicken's Willmaker software sells for $39. Nolo (www.nolo.com) offers an online program for $59. Both offer an interview-style experience that walks you through the steps of creating a will by asking questions.
But can you trust a software program to draw up such an important document?
"Nothing is right for everyone," Randolph says. "But this is something that the majority of people can do on their own. As long as they have some good information."
If you're using an automated will-making program or a legal book to draw up your own will, Randolf recommends making sure you understand the language in the document you are signing. Convoluted or confusing language is a tipoff that the form you are using is not a good one. Also, look for a program that recognizes that there are small differences from state to state.
Oregon, for example, is a common law property state, meaning the key to ownership in a marriage is the name on the title. Unlike community property states, such as California and Washington, most property acquired during a marriage is not automatically owned by both spouses, 50-50.
But as helpful and affordable as these programs are, they're no substitute for a lawyer, says Melya Stylos, a Eugene attorney who specializes in estate planning.
"I think the danger is that your money and assets are not actually distributed the way you thought they would be," she says. "If you don't understand the full implications of the questions being asked (by the computer program) there's no one you can ask. An attorney can explain to you why a question is important."
While programs such as Willmaker can create simple living trusts - documents that allow you to bypass the process of probate and transfer assets more quickly - more complex situations demand help from an attorney, Stylos says.
Living trusts, for example, are often combined with wills, which can be used to sweep up extra assets that didn't end up in a trust. An attorney can help determine when such cases are warranted and make recommendations based the current law. Stylos points to the estate tax, which is set to be repealed in 2010 and then readjusted in 2011.
"The do-it-yourself stuff really works for confident people," she says. "But I think most people wouldn't feel comfortable sitting there with a 200-page book and a CD ROM."
One compromise solution is to use an automated will-making program and then pay a lawyer to look over the documents as a fail-safe.
That's exactly what a client of Eugene attorney Gina Bonomina did. Bonomina charged $150 for the consultation and says her client walked away with the peace of mind that her will was sound.
Whatever method you rely on, most experts agree, if you've got kids or assets, it's a good idea to have a will or trust drawn up - even if it's just a simple one. You can always revise it later.
"You spend your whole life working, and you're going to let the state decide who gets what?" Stylos asks. And, she added, don't sell yourself short and decide you're too broke to have a will.
You don't have to be royalty to have an "estate." When most people start adding up their assets, they realize they've got more to give away than they realized.
Do-It-Yourself Wills
Cost: Less than $100
Time: Anywhere from 30 minutes to several hours to prepare, plus time to certify
Choosing a program: If you do decide to write your own will, do some research and ask yourself which format works best for you. Some people prefer books to computer programs. Make sure you understand the language of the contracts you are looking at. Make sure the program recognizes that estate laws vary from state to state.
When to consider a lawyer: Do-it-yourself wills are not for everyone. Multiple marriages with children, significant assets ($1 million to $2 million or more) and children with special needs are just a few of many complicating factors that may lead you to want to seek out a lawyer for extra advice.
Wills vs. living trusts vs. living wills: Wills, which require probate, can be used to distribute property and apply guardianship. Living trusts, which don't require probate, can be used to transfer property more quickly but are often more complicated and expensive to draw up. Living wills are legal documents for end-of-life health care instructions and are known as "advance directives" in Oregon.
When to change your will: Anytime you undergo a significant life change (moving, remarriage, divorce, inheritance, birth of a child, death of a family member).
Where to put your will: Experts recommend putting a will in a safe place where it can be found easily. You can keep a will in your own house in a fireproof safe. Most experts recommend against putting it in a safe-deposit box since it may be difficult to access after death. Some lawyers will store a copy of your will if they've prepared it.