Is there a cost for lawyers to execute a will?

A fellow caregiver asked...

Two issues, 1) Is there ever a lawyers cost in executing a will? That is can an a lawyer request payment before he disperses the funds specified in a will? Are there any special form or would it matter which country, i.e. US, and other countries? 2) If a spouse does not have a will, but the husband know what she wants to happen (grave, doner program etc) can he simply instruct this after the death?

Expert Answer

Judy and Fred co-mediate family property and financial conflicts, and each work individually as mediators as well. Judy Barber, a mediator and family business consultant, assists clients in resolving overlapping family and money conflicts so they are better able to make sound estate planning decisions. Frederick Hertz is an attorney and mediator who specializes in resolving co-ownership matters involving families, siblings, spouses, cohabitants and domestic partners.

There is no universal answer here. Every state has its own rules on what must be done in a will and in what instances a probate court process is required. You will need to look at the rules of your particular state and your particular situation - either by doing research in your local law library or speaking with a local estate lawyer.