Anthony S. Park

Anthony S. Park

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Anthony S. Park episodes

  • E195 How to Sell A Deceased Person's House

    Quite often we are asked by family members and heirs what the process is to sell a deceased person’s home. It can be a complex and typically you should have a lawyer, but this blog shares a general understanding of how it works and what you can do to get started.

    Did the Deceased Own Property?

    While most people assume that the decedent owned their home, we have seen on many occasions that isn’t the case. For example, they may have been renting or owned the home jointly.

    The first thing you should do is look up the deed. This is actually easier than you think. Most counties have online searching capabilities, and a quick Google search will help you find the right place (the New York City system is called ACRIS). By pulling the deed, you will be able to confirm if the property was owned by the decedent, owned along with another person, or owned by someone else.

    Two Names on Deed, One Person Dies

    You may discovery that the decedent owned the property along with another person. If it’s a husband and wife, then you generally don’t need to do anything in terms of probate. The house will simply go to the wife.

    Similarly, if it is a Joint Tennant deed, wherein two people are the joint owners. Using Jack and Jill for this example, then the house would be solely owned Jill if Jack dies, without having to go to probate court.

    Lastly, the deed may say that Jack and Jill are the non-married owners or Tenants in Common. If that’s the case and Jack dies, then Jack’s estate still owns 50% of the property. You would have to go to probate court to deal with Jack’s half.

    What Happens to House in Trust After Death?

    Another scenario you may discover when you review the deed is that the house is owned by a trust. In this situation, you need a copy of Jack’s Trust to see what should happen to the property when he dies. You most likely can avoid probate court, depending on the trust wording.

    Didn’t Own His Home

    As we mentioned, it’s common for the person to not own their home at all. They could be a renter, be living in a home owned by a deceased grandparent, etc.

    It’s important to pull the deed to figure out the ownership so you can move forward properly.

    Do You Need Probate to Sell A House or Can You Sell a Deceased Person's House Without Probate?

    The short answer is yes, you can sell it without probate if the property was owned by a spouse or in a trust. However, if it’s in the decedent’s name alone, then you will need to go through the probate process.

    PRO TIP: Some will try to tell you that technically you can sell without probate, with simply signing a document called an Affidavit of Heirship. Some fast-moving brokers may try to sell you on this idea. However, be aware that in most cases the title company may not accept it. The title company does not want the liability of ensuring that there are no issues with the estate and property. It’s too risky for them.

    How to Get Access to House After Death

    Another reason you may have to go through probate is to gain access to the house. In New York, if a decedent died at home, then the house is sealed with police tape. No one can enter the house until you have proof that you are entitled to be there. If the home is in a condo, co-op, or other managed building, they’ll want to see proof of authority before giving access. This proof comes from the court in the form of Letters of Testamentary.

    Who Does Probate Protect?

    Although you may think you want to avoid probate at all costs, that may not be the right concept. Probate is a process meant to protect you as an executor as well as the heirs. It safeguards all parties from being held liable for debts, such as the IRS and creditors that may come up down the road.

    Considerations When Choosing an Executor

    Specifically relating to selling a deceased person’s property, there are a few key points to keep in mind. See How to Choose an Executor, which digs deeper into how to choose an Executor.

    Does Executor Have to Live in Same State?

    Technically, no. You can be a US citizen and live outside of the state. But there are major drawbacks to not living in the state where the estate is probated.

    Do I Have to Travel to New York for Probate?

    Yes! Although as the executor it’s not technically required to live in New York, be aware that the executor will need to travel to New York. Typically, this is not just one trip. Even though we’re in 2020, some things still must be done in person, such as opening an estate bank account. So yes, living in New York is the best option.

    When is an Estate Bond Required?

    Bonds are sometimes required of the executor by the probate court. To get a bond, the executor will need excellent credit. When you are deicing about an executor, make sure it’s someone who will qualify. Those with financial issues and bankruptcies are not good candidates. They most likely will not get a bond.

    How to Empty a House After a Death

    When it comes to a deceased person’s home, not only do you have to empty the contents, but you may have to remove people that live there.

    Eviction After Death of Owner

    There are times that eviction may be necessary to remove a tenant. Commonly, once the owner dies, tenants feel they don’t need to pay, essentially living rent free. Therefore, eviction is necessary to be able to sell the home. Eviction is a long process which takes on average 6 to 9 months. Therefore, you should get the ball rolling right away. If you wait for the tenants to do it on their own, you may add months or even years to the process.

    Can an Heir Be Evicted?

    Absolutely. Even if it’s family. While there are steps and complications, it can be done. And it may be necessary for it to be done.

    Removing Items from House After Death

    Lastly, you will need to clean out the items from the house, possibly disposing of the belongings. When serving as a professional executor, we take photos and videos of everything. After items are distributed according to the will, we send the photos to the heirs and ask what they would like. From there, we either have to find others that would like the items, donate them, or simply dispose of what is left.

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    16 min
  • E194 Tips from Founder of The Elder Orphans Support Group

    We are thrilled to have spoken with Carol Marak, solo aging advisor and advocate. Carol is the founder of the Elder Orphan Facebook Group, which launched in 2016 has almost 10,000 members. She also has a very successful YouTube channel called Solo and Smart and her book Solo and Smart, is slated for publication in 2021.

    Carol attributes her seven years of family caregiving as how she learned to plan for the future. Between her and her two sisters, caring for their ailing and aging parents took almost all of their time.

    Carol, a solo ager who does not have a partner or children started to wonder who was going to do the things for her that she did to help her parents. She does not have children to rely on as her parents did, and knowing the amount of care that they needed, she knew she had to plan her future and figure out what to do.

    Not long after this realization, she launched the Facebook group. She wanted to know if there were others who considered themselves “elder orphans,” also referred to as those “aging alone.” She started by reaching out to news publications and was surprised to receive quite a bit of press. After that, the Facebook page started to take off, and that is when she realized that there are more people than she thought that are just like her.

    Using US Census data, Carol learned that in 2010, 27% of individuals 65 and older live alone. These numbers are growing, and it’s believed that 2020 Census will have increased to 31%.

    The Facebook group is for those 65 and older and without a spouse. You do not necessarily have to be childless, as some of those with children living far away are also considered to be aging alone. The group is very resourceful, as most have ample of real-world experience and knowledge. They have many discussions about aging alone. For example, when a member posts a question, they usually receive 400+ recommendations! One bonus is that they do not allow politics or drama and there are over 30 sub-groups for specific areas, including New York.

    Fear of Aging Alone

    The reality is that there are risks to those living alone, which can cause a bit of fear and apprehension. Carol believes that you have to shift your mindset. You can’t focus on all of the potential issues or problems and live in fear. You can’t live in a constant state of fear and never leave your home. She suggests shifting out of seeing yourself as “being alone.”

    After all, there are close to 22 million people who are 65 and older across the nation who are in the same predicament. Instead of focusing the fact you are alone, change your thinking to connecting with the millions of others that are like you. There is most likely someone in your city, in your neighborhood, or even on your block. If you stay in the negative mindset, you run the risk of exacerbating your current illnesses and even becoming depressed. Negative thoughts to not help you to thrive, so Carol suggests you have to change your thoughts.

    Building a Family of Choice

    A “family of choice” is a family built by meeting people, opening your heart, and being friendly.

    Carol said that when her parents passed and she realized she was aging alone and would need to rely on herself, she knew immediately that she could not live in a single-family residence isolated from a larger community. This was her personal realization. Even if you live in a single-family residence in the suburbs, there’s no reason you can’t connect with your neighbors. It takes effort and a mindset shift to “yes, I can do this.”

    A life coach once gave her an exercise when she was feeling alone and isolated. She wanted Carol to start small at the grocery store by making eye contact with the clerk and ask them how they are. Over time, Carol got better at saying hello and started to use this technique everywhere. This gave her confidence and the feeling of connection to the outside world. Now, she talks to everyone and focuses on making social connections wherever she goes.

    She said that it’s important to remember that this takes time. She suggests being patient and loving to yourself during this time. Carol is confident and thriving, but it took patience and work.

    Advantages of Elderly Living Alone

    There are advantages and positives to living alone. Personally, Carol loves to live to alone. She has implemented strategies and systems to make it work and she truly appreciates her life the way it is.

    Carol believes that biggest reward of aging alone is you have so much time to create a life that you want to live and create a passion, such as volunteering and helping the community. You have the freedom to thrive and make the world a better place.

    To learn more about Carol and read her blog, please visit her website at carolmarak.com.

    Free copy of "The Solo Ager Estate Plan"

    Complete this form to receive your complimentary copy of Anthony’s Amazon best-seller, “The Solo Ager Estate Plan”

    26 min
  • E193 What Happens When Your Partner Dies and You’re Not Married?

    It’s not uncommon for couples to forgo marriage. Instead, they choose to live their lives together as partners and significant others. But what does that mean for the other person when their partner dies?

    In this particular situation, “Ed” wants to leave his estate to his long-time girlfriend, but he doesn’t want to make one lump sum payment. Ed wants to leave her a set amount per month when he dies. We will use Ed’s situation to explain how an inheritance works with non-married partners.

    Should a Girlfriend Get Inheritance?

    Depending on the situation – absolutely, but the courts see it differently. Although many couples live as if they are married, there is nothing official to legally bind them. So, while the other partner may want them to inherit their estate, the laws dictate otherwise.

    If there is no estate plan in place and the decedent died without a Will, then the reality is that the partner will receive nothing. Unfortunately, the laws do not include a non-married partner when distributing an estate without a will.

    In the absence of a Will, the decedent’s next of kin would inherit the estate. By default, this would be the kids, grandkids, extended family, and so on, but not the partners. This may be completely contradictory to the decedent’s wishes, as the case with Ed.

    While Ed intends for his girlfriend to inherit his estate, he will also need to evaluate and ask himself “are my heirs ok with this?”

    What is the Best Way to Leave an Inheritance?

    In this situation, as Ed wants to leave his estate to his girlfriend and does not want to leave a lump sum, a Trust is recommended. A Trust acts as a wrapper for your assets; protecting them after you die. The trust distributes your estate as you wish, and in this case, it’s to be distributed over time in monthly increments to his girlfriend.

    A Trust is actually a gift in and of itself. It is asset protection that your partner can’t buy for themselves. Not only does a Trust protect your assets, but it eliminates risk factors such future divorce, bankruptcy, creditors, and IRS. For example, if Ed’s girlfriend gets remarried, then divorced, the Trust protects the assets from being distributed to the ex-husband.

    How to Control How Heirs Spend Your Money

    A Trust can limit how the money is spent. After all, it’s your estate and legacy. By articulating your wishes in a Trust, you control how the money is used, who it is used for, and when it can be used.

    With a Trust, you have the ability to use your money to afford your heirs a good life by limiting the recipient’s spending to health, home, education, etc. This is actually quite broad, as many expenditures fit into this category, such as a new home and college.

    Another bonus – limiting spending with a Trust helps to control free-spenders, gamblers, and addicts.

    How Do Trust Funds Pay Out?

    A trust can set a specific dollar amounts or a percentage to be distributed. In Ed’s situation, he has decided to allocate $1,000 per month to his girlfriend. While this is great for the current financial climate, it does not consider inflation. In 10 to 15 years, $1,000 could feel like $500 or less. Therefore, some opt to give a percentage. Then, as the Trust grows and normal inflation occurs, they will grow together.

    A trust can be paid monthly, quarterly, or annually. The drawback to annually, is that it feels like a lump sum. Generally, payouts are done monthly. People often as us, “how do you get the money – do you have to call someone every month to receive it?” The short answer is “no.”

    It is very easy to setup direct deposit or automatic checks. The administrator of the trust typically sets this up in the beginning and the recipient receives their payments automatically, without asking.

    Free copy of “The Solo Ager Estate Plan”

    Complete this form to receive your complimentary copy of Anthony’s Amazon best-seller, “The Solo Ager Estate Plan”

    11 min
  • E192 How to Plan for Old Age and Being Childless With Joy Loverde

    We had the privilege of speaking with Joy Loverde, author of two books, The Complete Eldercare Planner and Who Will Take Care of Me When I’m Old. She’s an expert in this area of solo agers and we are grateful that she shared her insight with our followers.

    Who Will Take Care of Me When I Get Old?

     

    This is a very important question and Joy says that the answer is yourself. It’s a mindset. You have to have the willingness to talk to others, make plans, and be willing to have these difficult conversations right now. These conversations include signing legal documents, having them in order, and having money in the bank.

    Joy says that quite often, people are surprised to learn they are the person to take over the roll of caring for someone. You never know who will land on your doorstep or something will happen to us.

    The reality is that some people do not have family members that will around when the time comes. There are community groups out there for just this situation.

    There are situations where there is no one to care for you and you run the risk of becoming a ward of the state. This is not ideal. Joy says that you should do your research now to see what you may need down the road. The worst thing you can do is do nothing.

    Benefits of Aging in Place

    There are quite a few benefits to aging in place. But you need to show up and get out in the community where you live so that others get to know you and you get to know them.

    We get to know our surroundings and navigate them by memory, and if we get to know our strengths and weaknesses now where we live, it will be beneficial to aging in place. You have to be conscious of where you live. You can’t assume that things will be in place all the time. That goes for both inside and outside of the home in the community.

    Disadvantages of Aging in Place

    There are certainly a few disadvantages and risks, starting with the home aging along with us. A bedroom on the second floor or basement laundry may also pose problems.

    Another huge issue is that as we age, we may become forgetful. Being alone and forgetful is a recipe for disaster, especially financially. We need to remember to keep money in the bank, pay bills, etc.

    Lastly, there is a caregiver shortage. There may not be anyone available to help when you finally make the call to an in-home agency.

    Manhattan and other big cities are a great place to age alone, as the city is walkable, and the buildings have security. One advantage is that it’s easier to make friends. People tend to get know their doorman, neighbors, and even the mailman. Buildings become their own community. There are also many social activities you can get involved in that you can walk to.

    Outside of the city, transportation can become an issue. Particularly driving cars as we age. This is something to consider. You will need to factor in the cost of paying for ride share cars each time.

    How to Reduce Social Isolation (Zero Isolation)

    Joy’s chapter Zero Isolation talks about how to make friends. She says that one of the things we need to look for when we join an organization is to make sure there is new people coming in all the time. You want to look for clubs where there is a revolving door which will keep the organization thriving. If there are no new members, the pool of friends and members may dry up. You can also seek out new things online – cooking classes, language classes, etc. Just get out there and meet people.

    Another discussion is eating alone. While eating alone is fine, Joy recommends trying to eat with people as often as you’re able. This can be as simple as eating on a park bench with a new friend and inviting them to share your meal. Sharing your thoughts and ideas over food is a great way to meet new friends.

    During the holidays, Joy says that you do not have to feel obligated to go to family dinners. Family dinners aren’t always positive and happy, and you simply don’t have to go. However, you should be prepared that you may be lonely. A good idea is to plan something for yourself on that particular day, even if it’s to clean and reorganize your closet.

    How We Both Got Into Serving this Community

    Anthony is a professional executor. He is hired to navigate estates and probates for families and heirs that are not nearby or are unable to serve. He realized that there is a great demand for this type of assistance, and he enjoys being able to help people in this situation.

    Joy saw a group of elders sitting alone in the dark at a nursing home on Thanksgiving when she was just 14 years old. She didn’t understand why they ended up this way, especially since she comes from a large Italian family. Over time, she realized that it was a lack of communication between family members, leading her to write her first book. She wanted to get people talking and we are grateful she has.

    Free copy of "The Solo Ager Estate Plan"

    Complete this form to receive your complimentary copy of Anthony’s Amazon best-seller, “The Solo Ager Estate Plan”

    17 min
  • E191 3 Ways to Start Probate With No Upfront Fees

    If you’ve done your research, you know that a good probate lawyer is not cheap. So how can you start your probate case even if you can't pay now?

    How much are probate attorney fees?

    Lawyer fees for the simplest probate case start at $3,000. But probate is naturally messy, since is involves family, money, death, and high emotions.

    So probate fees are usually more, sometimes tens of thousands of dollars!

    When to probate fees have to be paid?

    Generally, lawyers require an upfront payment, or retainer, before starting work on your case. The upfront payment is usually a few thousand dollars, depending on the estimated total fees.

    Many folks, understandably, just don't have that money readily available, and ask "can probate fees be paid from the estate," at the end?

    Yes, but only under certain circumstance. Why? Because estates can be unpredictable, with many twists and turns. While you may feel certain that there'll be plenty of funds to cover the lawyer fees, we've often seen:

    • Unexpected mortgages or debts
    • Unknown huge taxes due
    • Assets aren't worth what you expected
    • Assets had a named beneficiary, and therefore not part of the estate
    What to do if you can’t afford probate fees?

    If you don't have the cash on-hand to pay a lawyer's retainer, here are some of your options to start your probate case now.

    Deferred lawyer fee

    Work with a lawyer who will accept a deferred fee (paid at the end, from the estate). If you're able to find a lawyer to work with no upfront payment, expect some conditions.

    For example, our office usually only accept deferred fee cases if you've also asked me to serve as your professional executor for the estate.

    Contingent lawyer fee

    Contingent fees are the ultimate "no win, no pay" arrangement. If your lawyer in unable to get your inheritance for you, then you don't owe any fees. He only gets paid if he succeeds in getting your inheritance.

    As you might expect, the trade-off is the fee will be higher than if you paid upfront: usually 1/3 of your recovered inheritance. But if you don't have the cash to start your case otherwise, you'll be glad this option even exists.

    Contingent fee probate is limited to certain types of cases, such as:

    • Will contests
    • Proving kinship
    • Unknown assets
    Free copy of "How Probate Works"

    Complete this form to receive more information and your complimentary copy of Anthony’s Amazon best-seller, “How Probate Works”

    Request your free consultation
    9 min
  • E190 When Does the Executor Tell the Beneficiaries?

    When does the executor tell the beneficiaries? Once the court process starts, which is usually shortly after death.

    We often get this question when our Solo Ager clients name me as executor in their will.

    When does the executor notify beneficiaries?

    No, the executor does not notify the beneficiaries upon you signing your will. This is a common concern. An executor only notifies the heirs after death.

    When exactly? Usually during the court probate process. But sometimes informally before probate.

    Example: if you best friend and beneficiary is working with me to coordinate funeral arrangements, it may naturally come up during conversation that she's named in the will.

    Otherwise, the executor notifies all beneficiaries by mailing them a formal court document.

    What does an executor have to disclose to beneficiaries?

    All beneficiaries in the will receive the same court form, which lists:

    • The names of all beneficiaries
    • A general description of what each beneficiary receives

    For example: the form will not specify that Jane received your diamond ring, and John received $10,000. Instead, it will say something like "Jane received items of tangible personal property" and John "a cash bequest."

    Generally, the executor does not send beneficiaries a copy of the full will. However, he must send the will to any beneficiary who also happens to be a distributee (next-of-kin).

    Note: if you have a trust-based estate plan, rather than a will, then the notification requirements are different. You can keep information as private as you like. 

    Who else does the executor notify?

    In New York probate court, the executor must send notice to your closest surviving family, even if you disinherited them in your will.

    Your executor must serve a court document and a certified copy of the will on each surviving family. So any disinherited heir will definitely be aware they were cut out.

    Free copy of "The Solo Ager Estate Plan"

    Complete this form to receive your complimentary copy of Anthony’s Amazon best-seller, “The Solo Ager Estate Plan”

    6 min
  • E189 Can an Executor be Out-of-State?

    No, it's not a good idea to have an out-of-state executor. Although it's technically legally allowed, in reality an out-of-state executor causes tons of problems.

    Banking Problems Opening the estate account

    You probably think opening a bank account is a piece of cake. And you'd be right, if you were opening an account for yourself, personally.

    But banking for an estate is a different animal. But an estate account has tougher "know your client" rules, and the executor often must meet with a banker in person, at a branch, to open an estate bank account.

    Troubleshooting problems

    When you have a problem with your personal bank account, these days you have limitless customer support options. Website, email, live chat, tweets, or call or walk in.

    But with estates, you usually must walk into a branch and speak with a banker to get that missing statement or re-issue that 1099. And that can be a pain for an out-of-state executor.

    Selling Real Estate Clean out

    Yes, cleaning out the home or apartment is part of the executor's duties. For an out-of-state executor, this can mean several trips in and out of New York to supervise the clean out.

    Closing

    New York is one of the few states where most real estate closings are in-person, with all parties sitting around a table for a few hours.

    Yes, it's sometimes possible to close with an out-of-state executor by signing and FedEx-ing the documents. But if any problems popup (as they often do with estate sales), it's better to close in-person, so the lawyers can troubleshoot any problems in realtime, and avoid an aborted closing.

    Minor stuff (mail forward, etc.)

    There are countless small executor tasks to get the home ready for sale. Forwarding the mail, small repairs, returning extra keys, conversations with the super, etc. All much easier to handle with a local, New York executor.

    Travel restrictions

    Sometimes an executor simply cannot legally enter the US:

    • Unable to get a visa
    • Immigration problems
    • Quarantine or other travel restrictions

    If any of these apply, the heirs may be better off hiring a New York professional executor, rather than a non-New York person.

    FREE Copy of “The Solo Ager Estate Plan” Complete this form to receive your complimentary copy of Anthony’s Amazon best-seller, “The Solo Ager Estate Plan”
    10 min
  • E188 Erica’s Court-Appointed Stranger

    Erica Loberg shares the story of her mom's court-appointed stranger, and what she would to do differently to avoid a court-appointed conservator.

    Erica first shared her full story at NextAvenue.org.

    About Erica’s mom

    When all this happened, Erica's mom was 70 years old.  She was not diagnosed with dementia, technically. But for years Erica's dad had handled everything. So when he passed away, it created a vacuum for mom's care.

    How did she end up with a court-appointed guardian?

    Unfortunately, Erica's family was divided on how best to care for mom. So their uncle (mom's brother) stepped in and hired his own attorney. And that attorney recommended an independent, court-appointed conservator to have legal authority over Erica's mom.

    Once that lawyer got the ball rolling, there wasn't much discussion or debate. This was happening. And before they could get their bearings, Erica and her sisters were in court.

    What was so bad about mom's court-appointed stranger?

    First, he was a total stranger. Neither mom, nor Erica, nor any of the family members had ever met this person. And even after he received his court-appointment, he only met Erica's mom once.

    Second, Erica discovered that he had a history of complaints. She spoke with the families of several of his past conservatees, and they had one message: keep him away if you can!

    As for his actions:

    • He isolated mom from her daughters
    • He changed mom's phone number several times to hinder contact
    • He cleaned out mom's house, disposing of all family and sentimental items
    • He ordered renovations to the house, not for mom's benefit, but to generate rental income or sell (once he moved mom to a nursing home)
    • The court-appointed stranger was able to coerce mom into all these steps with the constant threat that he would move her into a nursing home, otherwise
    How did Erica finally get rid of the conservator?

    Erica contacted every agency and authority she could think of: from the court, to the police, and even the FBI. Finally, she had a breakthrough when she complained to the county Probate Investigator's Office.

    After some struggle and negotiations, they were finally able to rid themselves of mom's nightmare court-appointed stranged.

    What Erica would do differently?
    1. Discuss with mom her wishes and intentions. And not just when a crisis is at hand. Do it way before mom or dad is on the verge of losing capacity
    2. Help mom and dad make a will or estate plan
    3. The rest of family needs to keep their act together. Conflicts will only get everyone dragged into court,
    More about Erica

    Read the full version of Erica's story at NextAvenue.org.

    Erica is also an author, and published a book of poetry inspired by her experience titled "I'm Not Playing"

    FREE Copy of “The Solo Ager Estate Plan”

    Complete this form to receive your complimentary copy of Anthony’s Amazon best-seller, “The Solo Ager Estate Plan”

    22 min
  • E187 3 Best Free DIY Will Software

    Many people who ask me to be their executor commonly make their will using do-it-yourself methods. DIY estate planning can be tricky, so here are some tips on how to maximize the chances your DIY estate plan will actually work.

    Our Methodology

    We created identical estate plans using 3 popular free DIY will sites. Here is the fictional persona we used:

    • John Doe is a solo ager. That is, he's unmarried with no children
    • Unless your will is super-simple, you should work with a lawyer. So John's plan is very basic: he'd like to give his estate in equal thirds to two friends and one charity
    • John would like to nominate me as his professional executor
    • John will hire a lawyer to supervise his signing, as we recommend. Therefore, we did not review each site's signing instructions

    We generated John's will on the 3 free sites. Then, my trusted colleague Maureen Pritchard, Esq. and I reviewed the results.

    FreeWill.com

    Our top pick for DIY will software is FreeWill.com. The site is well-designed, and pleasant to navigate, and John's will had zero errors.

    The only caveat is the constant requests for donations. The site was funded by various charities, and they're not shy about asking to be named in your will. We were interrupted several times with prompts asking if John would like to add charitable beneficiaries to his will.

    But if you're thick-skinned and can ignore the pushy requests, or if you plan to give to charity anyway, this is a great choice.

    Pros
    • Very professional product. The will did not have any typos or substantive errors
    • Well-designed site. A very pleasant user experience
    • Includes health care documents, too
    Cons
    • Barrage of requests for charitable donations
    • Your will includes signatures lines and initials on each page. These are not legally necessary, and feel like overkill
    DoYourOwnWill.com

    DoYourOwnWill.com is truly a 100% free option for making a DIY will. You don't even have to give you email address (unless you want to save your will). This means that you're not even paying with your personal data.

    But, just as in most of life, you get what you pay for. It may be completely free, but it has a few problems.

    Pros
    • 100% Free. Not even an email required
    • Most private option
    • Easy-to-follow user-interface
    • Includes health care documents, too
    Cons
    • Several typos in John's will. Despite the typos, the will was substantively fine
    • John's burial instruction is written into his will. In real life, this doesn't make much sense, since in many cases no one even looks at the will until after the funeral,.
    RocketLawyer.com

    RocketLawyer is the most well-known brand on this list but be prepared to be up-sold from their free option to one of their more profitable packages.

    It doesn't feel like they spent a lot of effort on this free version. The user-experience is very clunky, and John's will has substantive errors. Maybe the plan is to nudge free users to a better, paid version?

     

    Pros
    • RocketLawyer is big name in legal DIY
    • You may already have a RocketLawyer account and feel comfortable with their platform
    Cons
    • You must create an account, and it feels like you'll get up-sold a lot
    • John's will had a substantive error (the will treated the charity as an individual. Not necessarily fatal, but can cause headaches later during the probate process)
    • We couldn't find healthcare documents as part of the free package

    There are many DIY estate planning sites out there. We hope that our review and recommendations will help you pick the one that's right for you. To learn more about the process of planning your estate, complete the info below to receive a FREE copy of my best-sellingbook.

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    14 min
  • E186 Who Will Bury Me If I Have No Family?

    This is an important question for Solo Agers, or for anyone without family nearby.

    Friends, Neighbors, Community Pros

    Your close friends, neighbors, etc. probably know your wishes best. And they also most want to honor you, have a nice remembrance.

    Cons

    It’s a big ask, even for close friends. Tending to final remains, and organizing a funeral service is a big and emotional job. Your friends may prefer to attend your funeral, not run it.

    Distant Family Pros

    Blood is thicker than water, right? You may feel than any relative, even estranged, is most appropriate.

    Cons

    Just like with close friends, it’s a big ask. And distant relatives won’t know much about you or your final wishes.

    Hired Professional Pros

    Want something done as you like? What better way then to hire someone? With friends and family, it’s either an honor or an obligation. Hire a pro, and it’s their job. A professional with a reputation to protect will reliably carry out your final wishes.

    Cons

    A professional may not have the same warmth as a friend or family. But remember, someone like a professional executor is just organizing burial and the funeral. Your friends are still in attendance, and free to focus on remembering you.

    The Public Option: Pauper’s Funeral Pros

    Well, it’s free. Yes, the state has a burial option of last resort for anyone with no family or no money.

    Cons

    It’s in the name: this is a pauper’s funeral. Typically for the homeless, your burial will be carried out by New York’s incarcerated.

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    9 min

About Anthony S. Park

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Anthony S. Park is a professional executor for solo agers, probate real estate, and bitcoin.