What is the acceptance of these self prepared wills?
2007-11-01 02:47:03 · 8 answers · asked by DannyBoy 1 in Politics & Government ➔ Law & Ethics
As long as you are aware of the laws in your state (you can find them online) as to how many witnesses need to sign the will, etc., self-prepared wills are fine. If the will is prepared properly, they will be accepted just like a lawyer prepared will.
2007-11-01 02:50:05 · answer #1 · answered by Heather Mac 6 · 0⤊ 1⤋
Self prepared wills and will kits are usually a scam. If you look at the ones you can download (for money of course) there will be this tiny little disclaimer in an inconspicuous place that limits the form to only one state IF you have a lawyer look at it. Why waste your time and money???
Each state has very detailed rules, laws and procedures on how to draft a will, and how to have it signed in order for the will to stand up in court. Some states require certain items be initialed in addition to a signature. In some states there must be 2 witnesses, in other states 3. In some states the entire document must be notarized, in others no notarization is needed. In some states the witnesses must be of a certain age, or must not be mentioned in the will.
Each state gets to make up its own laws. These are not an easy, look it up on the Internet and know it in 10 min law - that everyone can pick up. Most law schools spend one full year teaching how to technically draft a Will that complies with state and federal laws.
The cost of having a lawyer draft up a simple Will varies widely. In the Chicago area, you can get an attorney drafted Will for around $300.
2007-11-01 11:56:02 · answer #2 · answered by CatLaw 6 · 1⤊ 2⤋
Provided they are executed properly and conform to your state laws they are perfectly binding.
They are however, a little easier to challenge should someone wish to. A good lawyer, at the time of executing your will, will ask you some questions and be able to vouch for your capacity and understanding of the contents of the will should anyone try to contest it later based on you being coerced or incapable at the time of siging. This is especially important should you be omitting someone from your will that would expect to be included.
If you want real peace of mind I highly suggest paying the extra few bucks to have it drafted and witnessed by a lawyer.
2007-11-01 10:00:51 · answer #3 · answered by elysialaw 6 · 1⤊ 0⤋
The acceptance or rejection of self-prepared wills depends entirely on how they are prepared and if they conform to the specific state statutes regarding construction.
These are things an attorney knows.
If you can look up the requirements for your state to validate a will, and you follow them, then you can write the thing on a napkin if you wish.
2007-11-01 09:51:19 · answer #4 · answered by hexeliebe 6 · 0⤊ 1⤋
Have a lawyer check it out once you've prepared it. It can be as cheap as $100 just to make sure you did not make any mistakes and it will hold up in court. Better safe than sorry.
2007-11-01 09:59:41 · answer #5 · answered by Xero Sinko 2 · 0⤊ 0⤋
From my personal experience and living in a very litigious state I would highly recommend a will drawn up by an attorney. the cost runs about $500 to $700, but will solve a lot of headaches later.
I do not take a lot of stock in will kits, if a will is not drawn up correctly, your estate (even modest) may be hung up in the courts and even seized in some cases.
Good luck.
2007-11-01 09:53:19 · answer #6 · answered by Anonymous · 1⤊ 1⤋
Yes, you can write your own Will. When probated, they have to be accepted by the court unless there is some valid legal challenge. That almost never happens.
You can get assistance at www.legalzoom.com.
2007-11-01 09:52:24 · answer #7 · answered by regerugged 7 · 0⤊ 0⤋
complex subject. look into google and yahoo. this could help!
2014-11-13 04:42:40 · answer #8 · answered by ? 3 · 0⤊ 0⤋