...valid legally? My husband and I used this Will Maker Software to specify the preferred guardian of our children and executor of our estate. Does it need to be viewed and/or signed by a lawyer in order to be upheld in court?
2007-07-19 12:54:12 · 7 answers · asked by Magaroni 5 in Politics & Government ➔ Law & Ethics
Laws are different in each state. Your software is probably general in nature; I would have an attorney specializing in wills and trusts review it first.
You will probably have to have to sign the will in the presence of two uninterested parties for it to be valid.
Good luck!
2007-07-19 13:03:43 · answer #1 · answered by MenifeeManiac 7 · 0⤊ 0⤋
It's highly unlikely that your will, once properly witnessed and the witnesses signatures notarized, would not hold up in court. A lawyer would be needed if your were unsure of any of the terms and/or you had any doubts about if you filled out the forms correctly. Most forms are easy to decipher, just read them carefully and follow the directions. Do not leave any blanks. Be clear about what you want done and the courts will usually honor your document. The purpose of the court is to uphold the intent of the document should some party to the will disagree with the other with what may be their different interpretation.
2007-07-19 20:30:51 · answer #2 · answered by c r 4 · 0⤊ 1⤋
An attorney is NEVER legally required for a will to be valid. That said, each state has its own rules for what exactly constitutes a valid will. Neither the software, nor the Notary Public can tell you whether the will you created conforms to the laws in your state. In addition, you won't be available to correct any errors when the will is needed. I recommend having an attorney review the will or write a new one. A standard will costs under $100 for both of you. It usually does amount to fill in the blanks and swap names for the spouses will.
2007-07-19 21:27:16 · answer #3 · answered by STEVEN F 7 · 0⤊ 1⤋
Usually a will that is notarized will be ok, but it never is a bad idea to have an attorney review it, not for the legality of the document, but for any problems with the terms of the document that may cause a legal hassle later.
2007-07-19 20:03:39 · answer #4 · answered by Joey P 2 · 0⤊ 0⤋
No, it is perfectly valid and would hold up in court. But it's best to have an attorney look it over just in case it has any problems in the wording that may cause trouble later on. Sometimes you can't always trust software.
2007-07-19 20:35:48 · answer #5 · answered by Anonymous · 2⤊ 1⤋
Your will, as specifically stated in your post, is INVALID on its face. Now, if you'd like to know why, come back.
EDITED FOR THOSE WHO THINK I AM WRONG:
What in the poster's statement is NOT property?
Now go look up the requirements for wills in all 50 states.
2007-07-19 21:15:06 · answer #6 · answered by hexeliebe 6 · 0⤊ 2⤋
No it is ok.
2007-07-19 19:57:57 · answer #7 · answered by Anonymous · 0⤊ 1⤋