Can you make a valid will without a lawyer?

[Antonia]

My dad has been on us to make a will ever since DH got the Harley. It is just DH and me and we have one grown son. Seems like there must be an easier way to make a will than having to go to a lawyer. Can we download one from somewhere and have it notarized and then store it away in a safe deposit box? I would think a will for us would be very simple.

 

[Rafiki Rafiki Rafiki]

You can make a will that is handwritten with your signature and two signatures of people who witness your signature and can attest to your sanity when you completed the will.

Really, though, it isn't very expensive to get a will done, and an attorney can help you with the laws of your state and how they apply to your situation. I recommend that you at least check with your local library and/or college...sometimes they do will workshops.

Don't forget to complete a living will at the same time.

 

[MorganLeFey]

you're not required to go to a lawyer, BUT


you just said "and have it notarized...."

here in NY your will would be invalid under those circumstances, because you need witnesses to attest that you knew it was your will that you were signing and that you were competent to sign it. a notary would only attest to the fact that you were the person who signed the will. the few times I drafted a will I had a self-proving affidavit for the witnesses, so that there wouldf be no questions about the testator's competence to make a will later on.

you nred tokniw the requirements for your state..whether it must be witnessed, whether it must be notarized.

if you download a form and don't like the wording, and try to change the wording, you could wind up creating confusion or giving assets to someone other than the person you intended.

yes, some people manage with the forms, but you have to make sure you get the right form and clear instructions on how to use it.

and you should consider methods ot transfer your assets outside of your estate, like putting your son's name on accounts as beneficiary, for example.

 

[MorganLeFey]

You can make a will that is handwritten with your signature and two signatures of people who witness your signature and can attest to your sanity when you completed the will.

in some states, yes, but not everywhere.

Really, though, it isn't very expensive to get a will done, and an attorney can help you with the laws of your state and how they apply to your situation. I recommend that you at least check with your local library and/or college...sometimes they do will workshops.

Don't forget to complete a living will at the same time.

exactly.

 

[Dolce27]

My father passed away unexpectedly 3 months ago. We found that he did not have his will notarized and it was worthless as far as a court of law would be concerned because of that. He had typed the will and signed it. The attorney said that had he hand written the will instead of typing it, it might have held up.

 

[simpilotswife]

One other thing. Be careful that the people witnessing the will are not beneficiaries. In some states witnesses to a will are not allowed to inherit.

 

[minkydog]

Our needs are a bit different than yours as we have a special needs child.DH & I went last summer and made our will. It doesn't take long and it costs less than you think. We had wills,a special needs trust for our son, living wills, healthcare power of attorneys, financial power of attorneys, and advance directives done for both of us for about $3500. The will itself was probably only $400 of that.

I would strongly advise against a do-it-yourself will. My dad made one of those and it's just barely worth the paper it's printed on. Because he didn't use the correct legal language there have been problems settling the estate. Dont do that to your son! Get your will done right!

 

[LynnTH]

My DH and I made our own wills and trust. We bought the Suze Orman "Will and Trust Kit". It is a CD that walks you through each step and is customized for each state. You can read the info as you go along or she will talk you through it. It also does updates when needed and you can go in and make changes when needed. In my state we need to have it notorized. But, each state is different and she will tell you what needs to be done for each state. It is really quite the neat tool and only cost about $20. We also did the Power of Attorney and Advanced Directive for Health Care from this disk. It then prints out all the forms already filled in with the info you input. I would recommend this to anyone who needs a simple will.

 

[Ginamarie]

Each state has different laws with respect to wills. In some states you can handwrite your own will, and in others you need to have it typed/stapled/witnessed. Different states require different numbers of witnesses, and like someone else mentioned, you don't usually want a beneficiary to act as a witness.

As you can see, it does get a little complicated! It's a really good idea to see an attorney about having a will drawn up. Even though it seems pretty simple, courts have a way of making things complicated even when they're not. I draft wills for people all the time, and a for a simple will I'll charge under $200 usually. You can probably find a good lawyer in your area through your local bar association who specializes in wills that can give you a good price, and then you'll have the piece of mind that everything was done correctly!

 

[Sthronds]

While I don't have any better advice than has already been posted, I do want to urge you and anyone else to have a will. My uncle died a few months back and he did not have a will. He was an upper -middle class businessman with a wife, grown daughter and grandson. My aunt has had nothing but trouble since he didn't have a will. I don't want to get into details, but even when it seems to be cut and dried about who gets what, a will should be made. It makes it easier on the family.

 

[twojo21]

depends what state your in & the laws there. you can get a standard will & living will form at most libraries out of the catalog.

 

[Disney1fan2002]

I would also look into a Trust and not a will. Anyone with a sizable estate should have a Trust, not a will. A will can be contested and fought over, while a Trust is pretty iron-clad. Also, a Trust is accessible almost immediatly, while a will has to go to probate, and could be tied up for a while.

 

[MorganLeFey]

I would also look into a Trust and not a will. Anyone with a sizable estate should have a Trust, not a will. A will can be contested and fought over, while a Trust is pretty iron-clad. Also, a Trust is accessible almost immediatly, while a will has to go to probate, and could be tied up for a while.

not necessarily the best idea. have you considered the tax implications? not to mention, is the trust going to br revocable or irrevocable, can you add beneficiaries at a later date, stuff like that.