Can you write your own will and how does it become legal?

Question

Do you have to get a lawyer to write a will or can you write your own and what do you have to do to make it legal? I am trying to help my mother since my father passed and know very little myself. And what has to be done so that I can take care of her affairs when she is gone? Is there somewhere to get the proper forms? She is asking for my help so I appreciate your help. Thanks

Answer 1

"Can you write your own will and how does it become legal? Do you have to get a lawyer to write a will or can you write your own and what do you have to do to make it legal? I am trying to help my mother since my father passed and know very little myself. And what has to be done so that I can take care of her affairs when she is gone? Is there somewhere to get the proper forms? She is asking for my help so I appreciate your help. Thanks."

The quick answer to your main question is "Yes, you can prepare your own will and have it witnessed and notarized without an attorney being involved."

Before one decides to prepare their own will, ask these questions:
1) Are the testamentary assets involved significant?
2) Is there a need for any distributions in the will to go into a trust or otherwise reside in a long-lasting fiduciary relationship outside of the will? And,
3) Is the will likely to be contested?

If you answer yes to any of those questions, then you should reconsider making a self-prepared will.

Additionally, sometimes there are tax considerations that make the self-prepared will a bit premature: Certain gifts made while a person is still alive may reduce the tax liability of the estate or make the transfer of ownership less odious after a death. The best way to know is to make a written accounting of all potential estate assets and consult an elder and estate attorney. If you want to do it yourself, then thoroughly research the subject on-line and at your local law library.

Arranging (and knowing the costs) in advance for a place of burial and a funeral home that you would use is also a good idea-- since the days immediately following a death can be very difficult on the family.

That said, if your mother wishes for you to administer her estate after her death, she should prepare a Last Will and Testament that revokes any previous wills or codicils and that names you as her administrator (or personal representative or executor-- however it's phrased in the state where she is domiciled). Generally, you can find forms at office supply stores or bookstores to help you follow the format used in your state. You may also be able to get information on your state's Attorney General's website. Law schools and legal aide societies sometimes offer workshops and clinics to help people make self-prepared wills. Another set of good resources are the clerk's at the local probate court.

The will should be signed on the last page and on a verification page when required (or advisable) and initialled on each numbered page in the presence of the following: at least two witnesses who are not beneficiaries in the will and who would not otherwise have an interest in the estate and a Notary Public to notarize (and seal where required) the document. A video of the signing goes a long way in showing it was legitimate.

Provide a copy of the will to the administrator(s) and place the original in a safe deposit box or other safe place. There's nothing wrong with letting major beneficiaries have a copy too.

Answer 2

You can write your own will, and it doesn't even have to be typed.

However, there are formalities that must be adhered to, with or without a lawyer, handwritten on a grocery sack or typed. These formalities are a matter of state statute, so not knowing what state you are in, no one here can tell you what they are. They have to do with certain words to be used to make it clear that the Testator intends it to be a will, whether they intend to revoke prior wills absolutely or revoke them only if this one is admissible to probate, or just alter and amend prior wills, and they also have requirements for the number of witnesses, capacity and whether or not they can be relatives of the Testator, or named in the will besides being witnesses, and then there's the desireable Self Proving Affidavit....

Attorneys don't usually charge much for this. Get it done right. If you won't do that, at least go to an office supply store and get a Will Kit. Those usually result in a legal will. Usually.

Answer 3

Wow! You are definitely getting answers all over the place on this one. Two things: be careful of the "kits" as they are generic and may not satisfy all of the legal necessities of your state AND you need to find out what specifically constitutes a will in your state as the content, witness, etc. requirements vary from state to state.

If you live anywhere close to a city that has a law school, check to see if the law school does any type of "Clinic" for low-income and seniors where she can have the will done for free.

The question you didn't ask, however, is about the necessity to probate now that your father has passed. For this, you should definitely contact an attorney in your state.

Answer 4

You can write your own will as long as you sign and date with a witness who is not listed in will, such as a public notary. For most people who only have a house and a few other minor assets. If you have more than that you should have an offical will drawn up (less than $500).

There should be free wills out on the web or check out suzie ormans sight or buy a program for the computer at best buy or some other place like that.

Answer 5

In my state, it's legal to write your own will. However, if you're going to do that, it's best if the person writes it long-hand. The reason for this is that handwriting analysis will allow the courts to determine that, yes, it really was written by the person in question.

It would be best, to go to an attorney and get your mother's will written, witnessed, and notarized, there. But if she doesn't want to do that, then make sure she writes it out long-hand.

Answer 6

You must do it with a lawyer. If you do it your self and you have significant assets , the courts will be tied up determining if you were of sound mind when drawing it up. For bullcrap property purposes your family (if decent) could probably work it out and split or give your stuff to the proper party with a Wal mart will.

Answer 7

You can write your own will and it needs to be notarized to be made legal. There are kits you can buy that give you information on writing a will. In Canada, if you get the Canadian Legal Will Kit you can get the info.

Answer 8

You can write your own. You can even get a simple will on the internet-free. It does not have to be filed or registered. Put a date on it. In some states like Texas you have to make sure and list all of your children, even if you leave them $1.00 so that no one can say they were "forgotten" .

My father/Brother are Attorneys. I wrote my own simple will.
Even left $1.00 to my ungrateful daughter.

Good luck to you! Wish your mom well for me.

Answer 9

Yes, you can write your own will provided it is signed by you in front of a lawyer. A lawyer just verifies that the person signing was sane and sober.

Answer 10

I know that you can write your own will. You do have to have it Notarized though. You should be able to get any documents on- line. You could contact a Legal Aide service. They might be able to help.