Quick turnaround will/trust?

[BradInATX 9208]

Wife and I are leaving Saturday to go on our first alone vacation since our boy was born. Before we go, I'm wanting to set up a will with the basic guidelines that my wife's sister would get custody of our kid  if anything happened to us. On top of that we'd like all of our assets to be placed in some sort of trust for him when he turns 18.

What's the easiest way to turn this around in about 36 hours? I know there are some online legal sites that probably have templates/etc., but know nothing about how they work, etc. Would appreciate any thoughts.

[TwiceHorn 32076]

That's a little complex to do online.  A lawyer could crank it out, but might be extra cost.

Judging by your handle, pm hornian.

[midtown 3354]

52 minutes ago, BradInATX said:

What's the easiest way to turn this around in about 36 hours? I know there are some online legal sites that probably have templates/etc., but know nothing about how they work, etc. Would appreciate any thoughts.

Each of you write out a holographic will.  Get it witnessed or notarized.   Just make it an "I love you will" aka  I give everything to her and she gives everything to me.  and name a guardian.    When you get back PM hornian and do it right. 

[horn4life 3838]

25 minutes ago, midtown said:

Each of you write out a holographic will.  Get it witnessed or notarized.   Just make it an "I love you will" aka  I give everything to her and she gives everything to me.  and name a guardian.    When you get back PM hornian and do it right. 

This is my understanding as well. If it's hand written and witnessed. Notary is what like $5 at UPS store? Couldn't set up a trust this way but a rudimentary will for sure.  

IN A RELATED QUESTION- Can you do a DNR done in the same manner? Plus- learned a new term Holographic Will.

[midtown 3354]

8 minutes ago, horn4life said:

Couldn't set up a trust this way but a rudimentary will for sure

Sure you could.   It could be a springing trust which is a trust that is created in the case of some event like both parents dying.   Of course you lose some control that you would normally have with such basic language.   Just add language to the say something like "if my wife and I are both deceased a trust should be created for littlebradinATX and so in so is named trustee and all assets are to be placed in that trust"

[horn4life 3838]

Thanks midtown!  Something else I did not know!

[midtown 3354]

24 minutes ago, horn4life said:

Thanks midtown!  Something else I did not know!

YW.  I'm not a lawyer and I would not recommend what I've said above unless its absolutely necessary.  You lose a lot in the way of trust powers etc.  Best to see a lawyer esp when dealing with children.   Oh and be sure to write everything in ye old english to sound competent. 

Edited September 26, 2019 by midtown

[UTPhil2006 3930]

Notary free at most credit unions 

[deadshank 24654]

Just send the kid and some money over to me.  I'll straighten things out. Quick.

[dcbc 14644]

Sounds like a pretty straight foward will with a guardianship and a testamentary trust for the kid built in.  Lawyer should be able to crank one of these out in short order. 

[TwiceHorn 32076]

The I love you type will midtown mentions is viable.  Underage kids can't inherit and will need a guardian anyway, so it will be a guardian of the estate and of the person.  If you trust that guardian financially as well as parentally, then that's almost as good as a trust.  Also realize that a designation of guardian will be respected, if it can, but it isn't ironclad.

If you want to do more complicated things with a trust, you will need a lawyer.

A holographic will need not be notarized nor witnessed.  However, to prevent shenanigans, might want to video each other signing it and say, this is my last will and testament, effective as of (date), and deliver all of it to sister-in-law.

A holographic will is completely valid, but could be easily challenged if someone wanted to be a shit.