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Do you need an Estate Planner to do a Will and a Trust or can you do it yourself and have a lawyer notarize it? How much does it cost to have a lawyer notarize these types of documents.

2007-05-02 06:22:37 · 7 answers · asked by Repeat65 1 in Politics & Government Law & Ethics

7 answers

You need to check with your state every state has different requirements for wills, some are just simple witnessed documents.

2007-05-02 06:26:33 · answer #1 · answered by Lori B 6 · 1 0

A notary is not a lawyer, and you can have a notary notarize your documents. As for their legality, each state (USA) is different, plus it depends on the complexity of your estate. These forms should only be used for the simplest estates -- no children, no excessive distribution of wealth. Plus, keep in mind that most wills can be contested. So the odds of these forms being contested is probably even greater.

2007-05-02 13:28:35 · answer #2 · answered by kja63 7 · 0 0

You can draw up your own Will. The forms are a good place to start. You do not need an attorney to notarize a signature. You can have any notary do that.

2007-05-02 13:27:28 · answer #3 · answered by regerugged 7 · 0 0

Technically, in *most* states, you don't need an attorney to do your will, and you may not even need to have it notarized. HOWEVER... if you are looking to save yourself money by using a sample online form, you may be cheating yourself and your heirs.

By spending a few hundred dollars with an attorney licensed in your state, you could save your heirs thousands of dollars in attorney's fees later. For instance:
I had a client who wanted to save money, so she and her husband thought they put the house into joint tenancy. Instead, they put it into tenancy in common. The result: probate costing several thousand dollars when the sons contested the matter.
Another client thought he would save money by using a do it yourself will. He made mistakes with the will, and the will was contested. After almost two thousand dollars in legal fees, the judge threw out the will, and now, the laws of intestacy will govern.. and his wishes were thwarted.

My point is: you wouldn't do surgery on yourself would you? Why would you try and do complicated legal proceedings yourself? If you don't understand exactly what you're doing, you may cost yourself and your heirs later on. Contact an attorney and have a will drawn up properly. For a referral to an attorney, contact your local or state bar association.

2007-05-02 13:35:27 · answer #4 · answered by Phil R 5 · 0 1

Different states have different laws about who has to prepare a will; most states allow a form will to be filled out , and any notary can witness the required signatures for a couple of bucks. Call the local county probate office; they will know for certain.

2007-05-02 13:27:13 · answer #5 · answered by wizjp 7 · 1 0

Your best bet?
Contact a lawyer and let him/her advise you as to the requirements in your state.
It's as simple as that.
(btw a lawyer usually does NOT act as a notary. Someone who 'notarizes' is ONLY attesting to the fact that is it YOU who signed whatever the document is. A notary does not attest to whatever is written.)

2007-05-02 13:38:35 · answer #6 · answered by rare2findd 6 · 0 1

http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10581&id=2189

2007-05-02 13:30:16 · answer #7 · answered by Brite Tiger 6 · 0 0

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