QUESTION
Can anyone please advice me if it is legal to have this Last Will form from Office Max being filled out or if I have to get an attorney to do it?
Asked on May 19th, 2013 on Estate Planning - California
More details to this question:
I live in Indiana and have never paid an attorney to do a will. I have done a generic one from Office Max and had it witnessed and signed by 2 peopled but don't know if it holds any weight. The reason I'm asking is I'm 41 and have a health issue that nothing can be done and so any day can be my last. I have been in a relationship for 15+ years but we are not married. I do not talk to any of my siblings, my mother passed away and I occasionally talk to my father but not much at all. My family and I haven't got along for about 10 years and not to sound bad, but I don't want any of them to get anything of mine when I'm gone. On the generic will I have done, it states that a friend of mine is to give all my clothing to Goodwill, sell any personal belongings or give any to whoever may want them (besides my family, they're greedy and would want some only to sell and make money), sell vehicles and my friend can take what she wants for her time and effort because I know she will not be greedy. The rest of the money is to go to charities. My boyfriend has already said he wouldn't want any money and would like it to go to charities, in case anyone is wondering. If I don't have a lawyer do it and something happens to me, does my family have any rights to my personal belongings along with money in my bank accounts? Thanks in advance for any answers!
11 ANSWERS
Business/ Commercial Attorney serving Bellevue, WA
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Lana Kurilova Rich PLLC
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It does not matter whether your Will is drafted by a lawyer or you do it yourself. So long as it is clear and not subject to multiple interpretations, and so long as you properly executed it (your signature, notarized, signed in front of two witnesses, and the witnesses' signatures are also notarized, and preferably with their affidavits but at least with clear names, addresses and phone numbers, so that the witnesses can be located if they ever need to testify as to your capacity and mental state to sign your own Will), the self-made Will should be valid. But of course, the better course of action would be to have a lawyer at least review your existing Will and advise you whether it is sufficient and valid in Washington state. If you want your money in the bank account to go to your partner outside of the probate, you can go to your bank and list your partner on your accounts as a "pay on death beneficiary." Any bank should be able to do this. If your partner is listed this way, all that person would need to do in order to gain access to your money is to present their ID and your death certificate - no Will required.
Answered on May 22nd, 2013 at 8:16 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If you live in Indiana, yours is a question of Indiana law. Personal opinion, though: it is worth the money to have a lawyer help with estate planning. It doesn't cost that much. Your will (or revocable trust) is the last thing you will say on Earth, and a botched estate plan will mean the wrong people benefit and the ones you love may be left with a sour taste, remembering mostly that you didn't care enough about them to provide for them. A badly drawn will CANNOT be fixed after you're dead. The only person who has the right to fix it is, at that point, beyond the reach of a subpoena.
Answered on May 22nd, 2013 at 7:57 PM
Y ou would be best served by taking the form to an attorney specializing in estate planning.
Answered on May 22nd, 2013 at 7:52 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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I recently was involved in a Chancery Court case where children had done Wills for their parents from an on-line site. There were problems with the language in the Will and the children, after saving their parents a couple hundred dollars, ended up spending several thousand to file a Petition in Chancery Court for a modification of the Will. So best I can tell you is to be careful.
Answered on May 22nd, 2013 at 10:03 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Every state recognizes handwritten wills, but the ones in the OfficeMax and Office Depot books are not valid in every state. Write out your wishes in your own handwriting, date and sign it and have it witnessed by two people.
Answered on May 22nd, 2013 at 10:02 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I am sorry for your situation. Some planning can be better than none. But in your case, I think you are going about this the wrong way. You may be saving a little bit on using an office supply form. But you are going to cost the beneficiaries thousands of dollars by forcing them to go through probate. You also provide an easy forum for your family to contest the Will. If they are as bad as you say, I can imagine them lining up to challenge this. You would be far better to structure things in a way that avoids the need for probate. Asset titles can be arranged so that they pass automatically upon your death. If this is done, a Will is not going to be necessary, and you will avoid the need for probate. You should also have durable power of attorney forms in place for health and financial matters. If you do not, and you become incapacitated, then your family can jump in and start taking control of you and your assets. This should be handled by an attorney. It might cost more than Office Max. But it will insure that your estate is handled the way that you want. And the savings from avoiding probate alone will cover the cost of the attorney 3-4 times over, or more. Best of luck to you.
Answered on May 22nd, 2013 at 1:19 AM
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I make a decent living cleaning messes created by DIY wills. My advice- get a lawyer to write your will. Most wills are inexpensive. Many charities will do them for free or for a reduced fee if you are in hospice care/terminal/etc.
Answered on May 22nd, 2013 at 1:07 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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A lawyer can draw up a will or trust for you that is speciif to state law and it will give you the peace of mind and confidence you lack in the form you purchased. A durable power of attorney and health care power of attorney are equally, if not more, important. If you have any questions, please contact me.
Answered on May 22nd, 2013 at 1:02 AM
I am sorry about your health problems. You need to repeat this question under Indiana law and not California. Your Will would be ok in California but I do not know the law in Indiana. If you do not et any answers from other attorneys familiar with that state's law, you could go to a local law library and look up the requirements for a valid Will in your state.
Answered on May 21st, 2013 at 9:36 PM
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PLEASE have an attorney draft you a very specific will stating who you want to get your possessions and WHY! Your family members will contest an office max will and your significant other, friends and charity will get nothing. Another option is to take that will to an attorney and have them do a review of it and write a letter stating they have discussed it with you and confirm that is what you want. You should do more to protect your wishes. I see families come out of the woodwork when money is involved. Do more.
Answered on May 21st, 2013 at 9:09 PM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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Yes those forms can be a valid will, but why not spend the few dollars and make sure everything is done right and see an attorney.
Answered on May 21st, 2013 at 8:56 PM