Writing wills?

Question

My soon to be husband and I only just met but when you know, you know.......we both have our own things and he said it would be a good idea if we wrote something up stating what was to be done in case of so that exes and family couldnt come in and shove me out of his home he would want me to stay in, etc.
Can that be done by us or will it have to be notorized or ran by a lawyer to be binding? We both hate the thought of, well lets just say someone taking everything from both of us because we didnt do it right. Thanks.

Answer 1

There is Million and Half ways to f*ck up a will.
Different states have different rules, you need 2-3 disinterested witness AND a notary, Witness need to see you sign the will, you need to establish that there was no undue influence to sign a will.
In short get a competent trusts and estates attorney to do this. This will increase the chance of your will standing up in court a 100 fold.

Oh yeah, and if you do plan to write your own will (Not recommended)-- do so in hand writing, this might help a lot!

http://en.wikipedia.org/wiki/Holographic_will

Answer 2

It will have to be notarized and there will also have to be two witnesses. You can do it without a lawyer but it's good if you use a lawyer because they can explain all the legal remifications and how you shouldphrase things so the courts can enforce your wishes. Usually a joint will only costs around $250 to have drawn up by an attorney. Call around to see what different lawyers will charge. They also can keep a copy and it will be easier for your heirs to find it if any foul play were to ever come about.

Answer 3

There are a few things that can be done. The pre-nuptial agreement is a great start. You may also want to change the deeds to property to "joint tenancy" with both of you on the deed. Change checking and savings accounts, change the beneficiary of insurance policies and investment accounts. And of course have a will drawn up.

Because the pre-nuptial agreement and the will are legal documents which must be done in accordance with state law, you should have an attorney work with you on this. Your attorney may be able to offer other suggestions to help your situation. Congrats & good luck to both of you.

Answer 4

It would be best to have an attorney prepare the Wills to be sure all is done properly and all of the clauses that make a will binding and legal are addressed. Often, in speaking with the attorney about your situation, he or she may also bring up possible situations you may not have even thought needed to be addressed in the wills. Best to do it right.

Answer 5

Okay, what you want to do here depends on...well, what you want to do.

You say he would want you to stay in the house. Does that mean he wants you to have it, or stay in it for a while? Does he own it or have a lease? Is there a mortgage on it? What else would he want you to have?

You may want to do complete wills, but you might just want to get yourself added to the property title or lease, or if he owns it, execute a lease from him to you for a certain time at a certain price, making sure that the lease binds his heirs and estate.

There's a lot of potential ways to protect you, but the right way to do it really depends on precisely what you are to be protected against.

Answer 6

Yeah it's called a prenuptial or anenuptial agreement, it just states what was yours and what was his before the marriage. It's supposed to protect what you have, any future inheritences and any children from previous relationships. It should be done by a lawyer.