I want to create a will, but don't know if I should do it myself or have a lawyer do it. Any suggestions?

Question

I don't know if the do-it-yourself kits will hold up in court should something happen.

Answer 1

Will kits are OK, but there are Probate laws that govern each State. If you do one yourself, there could be a problem if you don't do it exactly right.

If you are leaving your property to your legal heirs, in the proportions that they will get the property anyway, then there probably won't be any contest when the Will is filed.

But--a problem could arise if you are leaving your property to someone other than the law provides, should you die intestate, or without a Will.

An example would be, you leave or Will your property, or even a significant piece of your property, to your favorite nephew. You also have two sons, but you don't leave them much or anything. The lawful heirs, the sons, could contest the Will. Most probate laws have the closest blood relatives inherit one's estate in equal portions...that is, after payment of debts, expenses of last illness, State and Federal taxes, legal fees, etc. But if you leave a Will, the whole estate, after those expences can be left to one person or entity, such as a Church or other organization, etc.

Heirs at law, as your natural heirs are referred to, could contest any Will that left them with other than their 'due' so to speak. But if you leave them something, even $10.00, that would indicate that you knew of their legal standing, but chose to leave your property as stipulated in your Will.

There are other important things, like witnesses, the number of witnesses, if your Will is in other than your own handwriting...even that must be certified in the Court.

To be safe, the best thing is to have an attorney draw up your will according to your wishes while you're still able to plainly state them. (Some Wills have been contested because a person was elderly or infirm when signing.)

After you pass away, it's every heir for himself, so to speak. Great family fights have erupted after the death of a 'beloved' family member.

My recommendation would be that you let an attorney from your State, preferably one who is familiar with Probate Law, draw up your Will.

Write down your wishes in advance to save time in the attorney's office if you're concerned about his fees. Ask him to explain the Probate Law, or go to your library and read it there.

This is a lot, probably more than you wanted, but I wanted you to think of some of the ramifications of making your own Will.

Answer 2

unless you have an extensive amout of personal property that you are bequeathing or there is a trust or children involved, it is perfecly fine to do one yourself & just have it notarized. Even handwritten wills are acceptable and 'hold up'. you can also record it at your local clerks office for further safety

Answer 3

Lawyer my friend any time your dealing with legal talk its always best to have a lawyer do it for you just to cover your you know what