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Living Will
updated: Nov 02, 2012, 10:17 AM

Do any EdHatters know if there is there any place in the SB area where I can do a living will or will?

Places People Are Talking About:

Law Office of Christopher C. Jones

We The People

What People Are Saying:

COMMENT 338377P	2012-11-02 10:24 AM
We The People might be ble to help you. If you want a real lawyer try Dana Longo.
COMMENT 338381	2012-11-02 10:30 AM
A holographic will is legal in California. There are some stipulations but it is much cheaper. Pretty much just the cost of getting notarized.
COMMENT 338383	2012-11-02 10:40 AM
You can get the basic forms and outline free from many sources online, and then amend to your needs.
COMMENT 338391	2012-11-02 10:47 AM
We should all plan ahead. Creating a will is one essential step. Also one should create a durable power of attorney for health care. And a power of attorney for property management. If married, your spouse needs an equivalent set of documents. The internet will provide examples.
COMMENT 338395	2012-11-02 10:51 AM
There's a place on La Cumbre and State (I think) that does wills. They have advertisements all over the display window.
COMMENT 338428	2012-11-02 11:55 AM
I am a local Financial Planner and have a lot of experience with estate planning. IF you have any assets, especially a home, you probably should consider a living trust instead of a will, for a variety of reasons. Either way, you should consider calling an estate planning attorney, describe your situation on the phone, see what they suggest and go from there. A local attorney, very professional and a very nice guy is Chris Jones, 1032 SB Street. We refer a lot of our clients to him. He is well respected and will treat you very fairly.
COMMENT 338454	2012-11-02 12:34 PM
338428 is right.. Living trust
EDHATBARBARA	2012-11-02 01:11 PM
Thanks for the recommendation to Chris Jones, for whom I work. If you mention that you came to us through EdHat, we'll even give you a 10% discount. Anyone who owns real property in California should consider a trust in place of a Will, so that probate (through the court system -- time consuming and much more costly) may be avoided. If your estate is worth $150,000 or less and doesn't involve real property, then a Will may be a better choice, however. Chris can help you decide. A "living will" is not a Will at all -- it is another estate planning tool, an advanced health care directive. This is also very important but does something quite different from disposing of your property. Call us and we'll schedule an appointment (first consult is free) to give you more details. 805-963-2014.
EDHATBARBARA	2012-11-02 01:17 PM
For more info see articles at: www.eatonjones.com
COMMENT 338500	2012-11-02 02:14 PM
The "financial planner" who recommends a trust instead of a will is misleading you. Ideally you would have both as they are not and either/or choice. There is a big cost difference. You can prepare your own will but the trust should involve an attorney. Also, the trust will be 30 to 40 pages long and require an attorney to understand it. Yes, I have a trust, but it is not the answer for everyone.
EDHATBARBARA	2012-11-02 02:50 PM
It isn't necessary for a trust to be 30 to 40 pages long! Software will spit one out that long, but an attorney worth his or her salt can hone it down to considerably less than that, under most circumstances, if that's what your needs require. A "pour over Will" is useful with a trust, but not always necessary; which is why talking to a lawyer is important, regardless of whether you do your own documents eventually, or have an attorney prepare them for you.
COMMENT 338564	2012-11-02 04:47 PM
You can do a will at legalzoom.com
COMMENT 338591	2012-11-02 05:41 PM
Go online for a California Advance Directive and print one out for free for your health care wishes. If your estate is large enough, a "will" will put you into probate court which is a huge expense you may not need. So if these terms are unclear to you, do spend an hour with a competent estate planning attorney first - spend $175 or so for an hour of their time and a list of your questions. Then decide if you need to DIY or have a lawyer work with you. For basics, there is nothing better than the NOLO press books on estate planning, wills and trusts for general information. Makes the time more efficient with a lawyer if you don't have to start at the beginning. And if you think you need a "will", you are at the beginning.
COMMENT 338649P	2012-11-03 07:20 AM
It is interesting that the advice seems to ignore the fact that a living will deals with health options--not being hooked up to machines, etc. and has nothing to do with an estate. People should have both documents in place and make copies for family members, and the person's doctor and local hospital should have copies of a living will. Some hospitals, depending on who owns them, might not honor a living will, so be sure of the religious link some hospitals have.
COMMENT 338731	2012-11-03 11:41 AM
They are two different documents with different legal purposes. Cottage hospital will give you a form for a living "Will". You can either consult with a lawyer or do your own Will using either a form from one of these legal form services or do a hand written or printed (Holographic) Will. There are some important rules, however, to make a valid Holygraphic Will or to insure you have properly made out one of these "printed form" Wills. Because of the danger of making a critical mistake, that is why you should talk to a lawyer. In addition there may be other things that you will learn in talking to a lawyer such a ways to avoid various fees, assessments, death taxes and other impacts of death on the property you own at the time of your death. Obviously mistakes made in such matters can not be corrected by you, after you have passed away!
COMMENT 338789	2012-11-03 03:17 PM
A correction to one commenter regarding getting a will notarized. You are incorrect. Wills should NOT be notarized--instead wills require two witnesses. Also, trusts may or may not be the way to go. Lawyers--and those who work for them--push trusts. More money up front--and more money "going out!" Lawyers make money "coming and going!" Wills are being downplayed nowadays, but there actually are some advantages wills have over trusts. For one thing, once a will has been executed and through probate, etc., no more claims by debt collectors etc. can occur--not so with trusts that are not truly settled for a long time. Trust attorneys harp on probate fees, but there are lots of other fees and problems associated with trusts. IN fact, if you're interested in doing research, there are several recent precedent setting cases that have occurred regarding problems with trusts.
DRBUD	2012-11-03 03:28 PM
We were also very pleased with the service given by the office of Chris Jones in S.B. and highly recomend them.
COMMENT 338815P	2012-11-03 04:07 PM
If I read your question correctly, you are not asking for an attorney but where to DIY (Do It Yourself). The SBPL would be my choice. Research online and/or just check your nearest public library. Nolo Press will sell you a latest handbook of DIY for about $25 but it's also likely free. At least free at the SBPL, 40 East Anapamu, 962-7653, last time I looked. Computer use is also free or bring your own. Also, a block from the SBPL, the Law Library is cool and quiet up in the second floor of the courthouse and the law librarians there are generally very courteous and helpful if needed. Also copier there was about 10c a page [ N.B.: If you hand write your own, make sure that it is all handwritten -- that there's nothing printed on the paper you use (a basic Law School class item.) ] It appears that man have read your question as "where is a good attorney" rather than where can I work myself. My suggestion would be that, having done it all yourself and made copies, just ask three friends or three attorneys to read a copy carefully and comment. :-) ---- If edhat will put up with more of this stuff, you might remove names and personal stuff and post a copy on edhat for all the worthies to read and advise? :-)
EDHATBARBARA	2012-11-05 03:41 PM
There are forms you can download from the internet, but whether they are appropriate for you, in your particular circumstance cannot be answered by just reviewing the form. Hospice of Santa Barbara has a form of advance directive available on its website, as do several other hospice related sites. There is a California Statutory Will form that you can pull down from the 'net. If you go with a Will alone, be aware that once you die, it becomes public record -- it is lodged with the court and is the subject of a filed proceeding to distribute your estate in accordance with its provisions. That process is court supervised. Today, the filing fee for a petition is $435 (who knows what it'll be then?) and you need a minimum of two petitions to process a probate (one to start it and one to end it). Additionally, you need to publish notice (around $200) and pay a probate referee (sliding scale) to value the estate. The executor or administrator is entitled to the same amount of fees as the attorney (4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000 and 1% of the next $1,000,000). This makes the cost add up quickly.
EDHATBARBARA	2012-11-06 03:14 PM
If you do an Advance Directive for Health Care (replacement for old "Living Will"), do follow through and be certain to give a copy to your MD! Doesn't do any good if your medical care providers don't know what your wishes and who your designated agents are.