To do a will that involves my death wishes and daughter custody can I hand write it and it still be legal?

Question

I want it to be valid, but not cost $100's of dollars.To get my will done.

Answer 1

It is possible to write it by hand, provided that is duly witnessed, but as your daughter sounds a vulnerable person and you don't want to run any risk of getting the arrangements wrong, I think you should take legal advice on this potentially complex matter which probably involves the setting up of a trust. What you pay in fees now might easily be saved for your daughter's benefit after you've gone.

Answer 2

A handwritten Will is legal everwhere if it's executed properly. In my state it has to be signed before 2 witnesses and a notary. However, your assumption that it will cost hundreds of dollars may not be right. I charge $250 for a Will, a Right to Die statement, a Health Care power of atty and a Statement of Disposition. There are also Will forms at stationary stores in my state. Do NOT buy into that on-line scam about a Living Trust or a $1,000 Will kit. You probably do not need a Living Trust. On the issue regarding your daughter, you need 2 appointments in the Will. You need someone appointed as her guardian (who takes care of her personal needs) and someone appointed as her trustee (who handles her financial needs). They can be the same person, however. This involves your daughter's life---you should at least visit an attorney for advice.

Answer 3

If your state is one of about 30 in the US that recognizes a Holographic Will, (Hand written), then you could do so. There are several software programs that will also allow you to write your will as well as create a Trust, and these must all be notarized. The Holographic Will in your hand may stand on it's own. If your estate has any value, you may want to investigate creating a Living Trust so that your estate will not be subject to probate, which can be time consuming, as well as costly. It's best to investigate the legal implications to insure your wishes are carried out properly. Good luck.