Do I need a lawyer or accountant to prepare a will?

Question

I was told that lawyers charge too much money and I wanted to know what the requirements were to prepare a will. Am I able to prepare it myself if I sign it in front of a notary?

Answer 1

If you prepared your document and signed it in front of a notary, as you described, it would NOT be a valid will. Most states (if not all) require at least two witnesses, and a notary would be only one witness. Good thing you posted your question before you proceeded.

No, it is not mandatory to have a lawyer prepare a will. But, at a minimum, go to the library and find a legal self-help book. Nolo Press publishes some reasonably good legal guides.

Answer 2

You don't even need a notary to have a valid will, you can write something in your own handwriting and store it with the date in a place until your death, (depending on your jurisdiction) or you can type something and sign it with two witnesses

HOWEVER, the VALUE of an attorney drafting your will is that oftentimes, slight nuances, and interpretations of what you wrote by a court or whomever is probating your will may leave you not getting to give who you want to give your gifts to.

If you want to give "your car" to your "niece" those three words may have SO much problems for interpretation.

is it your car at the date you made the will?
what if you sold your car? and bought a new one?
if something like that were to happen sometimes the court cannot interpret the will to insure your niece receives the car that you died possessed of

moreover, if something like that happens, at least your beneficiaries may have someone to sue in terms of professional negligence since attorneys have (depending on your jurisdiction) a duty to a third party with respect to beneficiaries of a will

Answer 3

If the Estate is simple, just bank accounts and
personal property, you can probably do it
yourself with a kit designed for your States
laws.
If there is Real Estate or a possibility of a
challenge to the will, at least advice from
a lawyer might save your heirs a lot of trouble.
An hour or so should do it.
His advice on tax avoidance will probably be
worth his fee.

Answer 4

You can buy do it your self kits at like Office Depot and the like.