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In Using Software to Write a Will, a Lawyer Is Still Helpful

Because the program is actually written by Nolo, which publishes do-it-yourself books and software for legal matters, it appears that Nolo is drawing from its vast instructional library. If you have a question about a specific issue, like how to choose an executor, you can dive into its easy-to-read legal manual.

And before you choose whom to leave your property to, the program encourages you to take inventory of what you own and describes what type of property actually passes through a will — an important point because items like k s , I. For instance, if you have minor children listed as the beneficiaries on your insurance policy, but you want their money to go into a trust, which is in the will, then you need to name that trust as the beneficiary on the policy. Photo Credit Robert Neubecker Ms.

Twomey also said that I left it up to New York State to decide how to pay estate taxes. That aside, the Quicken will seemed fine for the most straightforward situations: I want to leave my assets to my spouse, then my children or some other assortment of relatives. It quickly became clear that anyone worried about these issues should consult a lawyer. That could potentially affect middle-class families whose modest homes and retirement accounts have appreciated over several decades, or even someone with a large life insurance policy.

This is a neat feature for expectant parents, though another program said it left out the option because it could raise complicated legal issues. Still, it took me a couple of tries to figure how to get the program to name a third layer of alternate heirs, beyond my husband and potential children.

And, as Ms. Twomey said. Taxes could also be a potential issue. The LegacyWriter will instructs that any inheritance-related taxes owed on most assets passing outside the will — like the I. So if you leave your home to your children and forget to make them the beneficiaries of your I.

The program was easy to use, and its short explanations provided the answers I needed. Photo Laura M. My four-page will did not include information on who gets what.

I appreciated its instructional tips, but only after speaking with Ms. Twomey did I realize what was missing. Advertisement Continue reading the main story Even after you finish drafting your will, several lawyers told me, you have to be careful to properly conduct the will-signing ceremony.

In New York, for instance, after signing the will, the writer must declare out loud, in the presence of at least two witnesses, that the document is indeed his will. And if the writer fails to do so? The instructions on all the programs I tested were generally clear, though Quicken was by far the most specific, followed by LegacyWriter. BuildaWill, on the other hand, made it seem as if I needed a notary to sign my will, though I did not.

But you do need a notary to sign the self-proving affidavit, an optional form that lawyers recommend you complete. People with more complicated situations have encountered other problems with online wills. Kathryn Stebner, a lawyer in San Francisco, said a client helped her uncle prepare a will and living trust on LegalZoom before he died of cancer. Stebner said.

The woman filed a class-action lawsuit against LegalZoom in June, contending that the company engaged in the unauthorized practice of law. Still, the biggest risk might be summed up by Phillip J. Kenny , a lawyer in McLean, Va. Order Reprints Today's Paper Subscribe.

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