I'm trying to get my dad to do his Will and I want to get a software and work with him on it. When I'm done, do you have to have a Lawyer look it over or can I have a Notary do it?
2007-05-14 06:25:16 · 7 answers · asked by epic2515 1 in Politics & Government ➔ Law & Ethics
The suggestions to ditch the software and consult an attorney are right on the mark. Attorney's love these software programs... because people often make such a mess of things using the programs that they later spend thousands of dollars in attorney's fees having the attorney correct the mistakes.
As was indicated, the laws regarding wills vary considerably from state to state. An attorney won't charge all that much for drafting a simple will, and you will be saving untold aggravation later by consulting an attorney to do it right the first time. For a referral, consult your local or state bar association.
2007-05-14 07:08:30 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
A lot of this depends on what state your dad lives in and if he has property in other states. Despite the claims on these software products some states have quirky laws on how Wills need to be drafted that cannot be addressed on a one size fits all document that comes out of the software products.
An attorney in your state can produce a document that you know is legal in your state and can also give your dad some advice on how to protect assets outside the Will. After the Will is drawn up then the attorney provides witnesses to the signing of the Will (something the software neglects to tell a person about) and will have your dad's signature notarized.
Many lawyers charge low fees for drafting simple Wills. Before you go to expense and worry of getting that software - which may not really help you, call some attorneys to get prices. Your dad may even qualify for lower legal costs if he is a member of a professional organization or a group like AARP.
2007-05-14 13:36:38 · answer #2 · answered by CatLaw 6 · 1⤊ 0⤋
No, anyone can make a Will. There are two types.
The first: ENTIRELY in his own handwriting, signed and dated. It is legal. It can be on paper, a napkin, or the kitchen curtains. Preprinted stationary is the only exception to the complete handwriting part (i.e. Marriot notepad with company logo on it).
The second: Computer (or typewriter) printed. But it must be signed, dated, and have 2 witnesses sign it. These two witnesses cannot be getting anything in the Will though.
While it can be a good idea to have a lawyer look at it if it is complicated (trusts, multiple houses, etc), it is not a requirement. One thought is to have a residuary clause - a catchall for things not put in the Will. Anything not in the Will would pass according to the laws of the states - typically to the spouse and kids, then grandkids, then parents, then siblings, etc.
A notary is not needed. But it can add to its authenticity if contested in court.
All this is based on Oklahoma law, which is pretty generic on this issue. Check you local laws.
2007-05-14 14:05:40 · answer #3 · answered by Simon H 3 · 0⤊ 0⤋
It certainly should be signed and acknowledge in the presence of a Notary Public. As far as having an Attorney look it over...it's not necessary...but I would be remiss if I didn' tell you to get some sort of legal advice if you're not sure. Education and Knowledge is Power. Be sure you are protecting your fathers rights and dealing with everything you need to deal with in the will itself. There are numerous software packages out there and forms being sold at the local hardware stores...just be careful, because not all of them have what you need. It need not cost $500 to do a will. I did mine for the cost of a few hours and a few pieces of paper. Do your research
2007-05-14 13:32:08 · answer #4 · answered by M R 1 · 0⤊ 0⤋
A notary can ONLY sign it. I suggest that you ditch the software and get an attorney. The laws of probate are different in each state, and your father could have big troubles if he does not have an attorney draft the will.
2007-05-14 13:37:31 · answer #5 · answered by cyanne2ak 7 · 1⤊ 0⤋
If your father makes his will and has it Notarized before his death, then it is legal and that is all you will need when it comes time. If he makes his will but does not have it notarized, then you will have to get a lawyer after his death to handle his estate which will go into probate. I know this because my mother passed 2 years ago. She had made a will but did not have it notarized. Just going down to a notary would have saved us months of probate and lawyers' fees.
2007-05-14 13:30:22 · answer #6 · answered by theflynnmom 4 · 0⤊ 0⤋
The laws on wills all vary depending on what state you are in. Do NOT take any of these answers to heart without first consulting your local laws.
2007-05-14 13:33:55 · answer #7 · answered by Jay 2 · 0⤊ 0⤋