carlie Posted April 14, 2010 Share Posted April 14, 2010 I'm posting this in Claims/Research/Benefits as it will probably get viewed more here. Does anyone have a blank copy of an acceptable Last Will and Testament for any state ? If so, is it possible to scan and post it here. I can get blank forms, from VA for a Living Will and Designation of Medical Surrogate but I'm looking for a blank Last Will and Testament. I feel it is important for all people to have this filled out and of record. Thanks, carlie Link to comment Share on other sites More sharing options...
retiredat44 Posted April 16, 2010 Share Posted April 16, 2010 LegalZoom is the way the we when! Like 80 bones for the will! Keep up the great work Carlie! B6 here is the one I used.. and I got it notorized.. http://www.makeyourwill.com/ Link to comment Share on other sites More sharing options...
12R3G Posted April 16, 2010 Share Posted April 16, 2010 Retirees can also go to the local Judge Advocate's office and have a will drafted. Fairly cookie cutter, but at least you have a lawyer's help for free. Many guard/reserve units have a JA's that may be able to support retiree's as well. The Navy has civiliian JA's and provide a more customized will, including testementary trusts. I know the AF only provides a simple will. Anyone know if TDIU/100% P&T have access to JA along with commissary/exchange? As several have noted, suck it up and go see a lawyer. He/She will provide you with a self-proving will. If your will isn't self-proving, during probate the witnesses to the will will need to appear in court and attest to their signatures, etc. Also, a lawyer will draft the will so that it is valid in any state. If you own property, have income (say, VA disability income) and are disabled and might become incapacited, the living trust, along with a springing durable healthcare power of attorney is ideal. Link to comment Share on other sites More sharing options...
Bill (USAF Retired) Posted April 20, 2010 Share Posted April 20, 2010 Retirees can also go to the local Judge Advocate's office and have a will drafted. Fairly cookie cutter, but at least you have a lawyer's help for free. Many guard/reserve units have a JA's that may be able to support retiree's as well. The Navy has civiliian JA's and provide a more customized will, including testementary trusts. I know the AF only provides a simple will. Anyone know if TDIU/100% P&T have access to JA along with commissary/exchange? As several have noted, suck it up and go see a lawyer. He/She will provide you with a self-proving will. If your will isn't self-proving, during probate the witnesses to the will will need to appear in court and attest to their signatures, etc. Also, a lawyer will draft the will so that it is valid in any state. If you own property, have income (say, VA disability income) and are disabled and might become incapacited, the living trust, along with a springing durable healthcare power of attorney is ideal. I can handle this question for you, as I retired from USAF JAG (NCOIC, Civil Law and law office superintendent) and worked for Army JAG as a civilian and dealt with the issue during both jobs. TDIU/100% P&T (hereafter "100% DAV") are not authorized legal assistance or notary services by virtue of their 100% status. 10 U.S.C. 1044 and 10 U.S.C. 1044a are the military's authority to provide legal assistance/notary, and 100% DAV are not in the list of categories that Congress has authorized the military to support in that manner. In my experience, 99.9999% of people who work at a legal office front desk would just think you were a dependent and provide you the service. You shouldn't test that, however, because: 1. There's a slim chance it could cause professional problems for the attorney/paralegal/notary who assisted you in good faith. 2. There's a larger chance that it could cause problems in settling your estate: A will prepared by military legal assistance is a "military testamentary instrument," and by federal law (10 U.S.C. 1044d) is exempt from state requirements of form, formality, or recording before probate, and has the same effect as a will prepared and executed in accordance with applicable State law. Because 100% DAV are not authorized to have a "military testamentary instrument," this could provide grounds for someone to challenge your will: "Hey, it doesn't meet state requirements because it was prepared in violation of federal and state law!" Imagine the time and expense. 3. Your "notarized" documents wouldn't be validly notarized, because you wouldn't have been entitled to that service. Again, a potential legal train wreck. One more piece of non-advice (since I'm not an attorney, none of this is advice): I would never download and fill out a "blank will form" from online and think I was covered. Each state has its own requirements for how a will must be prepared, executed and authenticated, and it's too important to leave to chance. Laws change, and some well-meaning websites don't change with them. Respectfully, Bill Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted April 20, 2010 HadIt.com Elder Share Posted April 20, 2010 Bill: Thank you for your non-advise. I made a Military Will for the State of Texas when I was in Basic Training they made us all do it. A few years later my Lawyer looked at it and laughed and told me that I needed a better one. I know for some its a lot but you can find a practicing lawyer who will charge between 125 and 200 if you look. Good Luck Link to comment Share on other sites More sharing options...
mrsvet28 Posted April 20, 2010 Share Posted April 20, 2010 I'm posting this in Claims/Research/Benefits as it will probably get viewed more here. Does anyone have a blank copy of an acceptable Last Will and Testament for any state ? If so, is it possible to scan and post it here. I can get blank forms, from VA for a Living Will and Designation of Medical Surrogate but I'm looking for a blank Last Will and Testament. I feel it is important for all people to have this filled out and of record. Thanks, carlie Carlie -I purchased My Attorney at Best Buy-has hundred of forms paid fifty and get a 25 rebate- -most forms just have to be notarized thats all- Link to comment Share on other sites More sharing options...
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carlie
I'm posting this in Claims/Research/Benefits as it will probably get viewed more here.
Does anyone have a blank copy of an acceptable Last Will and Testament for any state ?
If so, is it possible to scan and post it here.
I can get blank forms, from VA for a Living Will and Designation of Medical Surrogate
but I'm looking for a blank Last Will and Testament.
I feel it is important for all people to have this filled out and of record.
Thanks,
carlie
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