Wills and Probate, Trust Funds, Living Wills My 86 year old parents are finally…

Wills and Probate, Trust Funds, Living Wills
My 86 year old parents are finally going to make a Will. They have a nice house and 15 acres. There are 3 sons, and 6 daughters.


What information goes into a Will???

What goes into a Will?
What information goes into a Living Will?
What information goes into a Trust?
What is Probate?
What do they need to know or put in writing about long term care?

I live in the State of Virginia.
The County of: Prince William.
Address: Broad Run, VA 20137-2205

Basically all I am asking is what All Do My Parents need to put into a Will before they die.

Thank you for your help. If you know of someone in the Manassas, Virginia area they could set this all of with, please let me know. I am their daughter, eighth child.

2 thoughts on “Wills and Probate, Trust Funds, Living Wills My 86 year old parents are finally…

  1. Re: Wills and Probate, Trust Funds, Living Wills
    I try to give meaningful answers on this bulletin
    board, and not simply use it as an advertising tactic to get people to hire a lawyer.

    However, honestly, I cannot reccommend that one
    write such a will on their own without a lawyer.
    There are lawyers, like myself, who will do a
    will for as little as $350 to $550. The costs of
    a will gone bad when your parents pass on can
    be 20 to 40 times as much in legal bills. So it
    really is a false economy to do it yourself.

    There are standard will forms available for
    purchase on the internet and in bookstores
    (office supply stores), that will approximate a
    complete will. I can’t simply give you the
    topics to include. Much of the wording is very
    important as well. Even if the words don’t have
    to be exactly one way or another, the ideas must
    be written in legally-binding language and avoid
    certain common problems. So I could not give you
    the topics without the actual wording of at least
    one good example of a will to copy from. Also, not all sample wills are equally good. An attorney will use a model that has been time-tested in Virginia’s courts, refined from actual experiences in court challenges. Forms you buy in the store are probably generic nationwide and have not been road-tested in Virginia’s courts.

    However, the words in a will are NOT the only
    thing that matters. It is very important that
    the will be “executed” signed properly. There
    are very precise rules about the witnesses, and
    how they must sign, and when, and whether they
    are all together in one place, and whether they
    know what they are signing, etc.

    I have a client whose mother’s will CANNOT be
    admitted to probate in Virginia, because the
    “self-proving affidavit” of the witnesss does
    NOT say that the mother was of sound mind at the
    time that she signed the will. So, my client is
    looking at flying the witnesses up from Florida
    to testify to what they saw when the will was
    executed. That could have been avoided by
    writing the witness affidavits correctly. Thank
    God the witnesses are not dead and unavailable.

    It is also very important to make a legal PLAN
    about the estate details. The will is only the
    end result of good planning. So if you simply
    write a will from a form at Staples, you will
    not have the legal planning that goes behind it.

    For example, do you want a will or a trust? A
    trust is more expensive up front, but clearly
    LESS expense at death. A trust is not more
    expensive. It is only a question of WHEN you
    pay. You will save money with a trust in the
    long run, but people think it costs more, so they don’t really think things through. With 9 children, probate may be very complicated, but a trust simpler.

    However, a trust IS a little more work to
    administer. Therefore, it is not always worth
    the extra work, unless there is a lot of money
    involved. So it matters what your goals are.

    Jonathon Moseley
    Office of Jonathon Moseley
    1818 Library Street, Suite 500
    Reston, VA 20190

  2. Re: Wills and Probate, Trust Funds, Living Wills
    I can help you with your questions and help you address the need for estate and possibly long term care planning. The answers to your questions are beyond the scope of the very limited space of this answer posting, but we can discuss these questions in an initial consultation, which I will do at no charge to you. The initial consultation can take from between one to two hours and you will leave the meeting knowing exactly what you need to do for your parents.

    I am in Old Town Manassas near the courthouse. Here is my e-mail address, please feel free to email me with your contact information or to request an appointment: tward@twardlaw.com

    Timothy Ward
    Timothy A. Ward, MBA, JD, PC
    9240A Mosby St.
    Manassas, VA 20110-5038

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