making out a will?

Question

My husband of 12 years is part owner of family farm 3 brothers 1 sister, And he has an inheritance coming are question is this, he has no will, Can we make one or do we need an attorney? If something happened to him I would be booted out faster than you could say bye, He wants me to have it but can we just have it noterized? Help Please

Answer 1

The laws vary from state to state. Only a lawyer in your state knows the laws in your state. Contact a local lawyer with experience in "trusts and estates". Do NOT handle this yourself. Do NOT do this from a form or a piece of software.

Answer 2

Are you saying that he wants you to have his portion of the farm? If the siblings own the farm as joint tenants with rights of survivorship then if anything happened to your husband his portion would automatically be divided among the living joint tenants and he could not devise his portion.

If they own the farm as tenants in common then he will be able to devise his portion to you. Depending on your state's intestate statues (for people who die without a will), his portion would probably go to you anyway as long as it is not a joint tenancy WROS (most states intestate statues give all of the assets to the wife).

Figure out the property issue first. If you want to make a will, DO NOT do it yourself. Even though some states allow holographic wills (handwritten), most do not and there are very formal and complicated requirements for a will to be valid (even a holographic will).

Answer 3

Even though you can do it, it is NOT advisable. Go see an attorney. If you don't, it will end up tied up in probate for much longer than it needs to be (and probate takes forever anyway).

Answer 4

can i make a will I have money I am leaveing my son what do I have to do