I just bought Deluxe WillCreator and wanted to make a will for my wife and I. Before I open the box, I wanted to know if this would be a legal and binding document, or is it just a guideline for me to draft a will, then take it to an attorney and pay a fee.
2006-12-29 04:46:58 · 6 answers · asked by El Kabong 2 in Politics & Government ➔ Law & Ethics
The big thing is not the will itself, it's the signatures on the bottom. You want to check state law for that. 2 witnesses and a notary should be more then enough, and of course you have to sign it. However, I would say to go see a lawyer or estate planer, because they have a lot of experience that you don't, and would probably think to ask questions that the software won't.
2006-12-29 05:01:14 · answer #1 · answered by The Big Box 6 · 0⤊ 0⤋
I don't know of any jurisdiction where you have to have a lawyer to make a valid will. It is very likely that the software or web site will reference the applicable requirements in every state. However, if you have an estate of any size (and if you own a house, you do), or if the beneficiaries are in any way complicated (e.g., if you want to leave different amounts to different children, or there are step-children, etc.), I would strongly recommend consulting an attorney before making a will. You are dealing not just with "who gets what," but the tax implications, whether a trust would be more beneficial to you, etc.
2006-12-29 06:43:26 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The requirements for a valid will are extremely nitpicky and vary greatly by state. You should at least consult an attorney to see what you will need to do to the will (2 witnesses, who witness you sign, and sign in each other's presence, where you must sign, how to make a codicil if you need to change something, requirements to revoke, etc). Most states recognize holographic wills, but these must be in your handwriting, so one written on the computer must be executed properly with all of the formalities of a will drafted by an attorney. Simple wills (normal sized estates) are not that expensive. And it will not cost you much at all to find out what the requirements are for signatures and witness (you will want to get a self proving affidavit and have it notarized in case your witnesses die or get mad at you or forget before your deaths). Check findlaw.com for an estate planning attorney in your area.
2006-12-29 04:55:05 · answer #3 · answered by Angry Daisy 4 · 1⤊ 0⤋
Get it notarized and it will have more effect. However, I do recommend seeing an attorney, especially if you have a lot of assets. It's really worth the money.
2006-12-29 04:54:27 · answer #4 · answered by Anonymous · 1⤊ 0⤋
all you need to do is get the will notarized. No attorney is needed.
2006-12-29 04:52:40 · answer #5 · answered by Anonymous · 1⤊ 0⤋
yea put it needs to be printed out and signed
2006-12-29 05:09:11 · answer #6 · answered by sch1308 2 · 0⤊ 0⤋