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

packages and fill-in-the-blank forms available on the Internet, it's never been easier to write your last will and testament.

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.

Related Articles

  • Making the Right Financial "Move".
  • Getting ready to move, or thinking about it? Each year, approximately one in seven Americans change residences, according to the U.S. Census Bureau. Some of the moves are merely across town, but about one-third are to another county or state....
  • Language of the heart: rituals, stories and information about death.
  • by Carolyn Pogue Northstone $17.95 (paper) ISBN 1-896836-17-8 Language of the Heart addresses the truth of the old Arab proverb "death is the dark camel that kneels at the tent of every man." It is for people contemplating the prospect ......
  • Why not sign a living will instead of the will to live?
  • Many people who simply do not want what they see as a lot of medical technology prolonging the last few hours or days of their lives when they are terminally ill sign living wills. If you do, in many states ......
  • Living Wills and More: Everything You Need to Ensure That All Your Medical Wishes Are Followed.
  • A panel of experts and concentration camp survivors examines difficult problems raised by Nazi medicine. The relevance of these issues to contemporary biomedical disputes-particularly in the areas of medical genetics, human experimentation, and euthanasia--are explored in detail and with sensitivity....
  • Why Not Sign Another Living Will Instead of the Pro-life Will to Live?
  • Many people who simply do not want what they see as a lot of medical technology prolonging the last few hours or days of their lives when they are terminally ill sign living wills. If you do, in many states ......
  • IF YOU PLAN ON DYING.
  • Said to be "a treasure chest of financial advice," it is also said of Die Broke, "If you don't read this book, you're going to Die Stupid." Die Broke by Stephen M. Pollan 304 pages, HarperBusiness, $25.00 If you are ......
  • Is probate really worth avoiding?
  • The very utterance of the word "probate" evokes images of a slow, costly court process and, in the case of large, controversial estates, headlines and appearances on "Court TV." Best-selling books, seminars, and articles have been devoted to ways to ......
  • Plan your estate, 8th ed.
  • 1413304060 Plan your estate, 8th ed. Clifford, Denis. Nolo 2006 455 pages $44.99 Paperback KF750 Taking the inexorability of death and taxes head on, this text teaches people with small and......
  • The handbook to wills, funerals, and probate; how to protect yourself and your survivors, 3d ed.
  • 9780816066698 The handbook to wills, funerals, and probate; how to protect yourself and your survivors, 3d ed. Hughes, Theodore E. and David Klein. Facts On File, Inc. 2007 354 pages $39.50 Hardcover KF755......
  • "A quick and painless death." (euthanasia)
  • Alexander the Great was not describing euthanasia but a problem all too familiar when he complained: "I am dying with the help of too many physicians." Yet the first use of the word euthanasia--by Posidippus Comicus--came less than forty years ......
  • End-of-life decisions: does faith make a diference? (Ethics Watch).
  • Death and dying, it would seem, are out of the closet, taboos that we enlightened (post)moderners have overcome. I'm not so sure. Granted, we've nearly all heard about living wills and durable powers of attorney, even if, as polls indicate, ......
  • New Web site links seniors to resources.
  • Byline: Jim Feehan The Register-Guard A guide to care facilities in the Lane County area is now available on the Internet, thanks to a local Web site designer. Sarah Woods had been the primary care provider for her adopted grandfather ......
  • John W. Griffis III: specializing in "preventative" law for single people. (Legal Profile: Advertising Feature).
  • Sarasota is filled with attorneys who can prepare wills and other documents for married couples, but there's only one in the area who specializes in the practice of law for single people. It's all part of the unique specialty of ......
  • End-of-life decisions.
  • To the Editor: In 1998 the South African Law Commission submitted to the Minister of Justice its Report 86 entitled Euthanasia and the Artificial Preservation of Life. (1) It included a Draft Bill with the short title End of Life ......
  • Dignity is the choice anyone can make.
  • I've read about living wills and death with dignity. I've heard of hospice, wondered about brain waves and respirators, argued with friends about moral versus legal laws. But I hadn't really addressed dying with self-respect--until it became an emotional reality....

Related Topics