QUESTION
Can someone other than yourself do your will?
Asked on Dec 09th, 2013 on Estate Planning - California
More details to this question:
My daughter's dad has a couple of days left. His wife of only a couple of months says she's done the will.
16 ANSWERS
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Only the testator can sign his own will. What does it mean to do a will?
Answered on Dec 13th, 2013 at 7:20 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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You cannot do someone else's will. It has to be signed by the testator.
Answered on Dec 11th, 2013 at 9:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Another party can prepare the will in accord with the person's wishes, but he has to sign or at least acknowledge it.
Answered on Dec 11th, 2013 at 9:28 PM
Only the testator can execute a will. However, anyone can write one up and have another party execute it as his/her own. The will will have to go through probate and your daughter can potentially challenge the will (undue influence, lack of capacity) in the process.
Answered on Dec 11th, 2013 at 9:28 PM
Most states allow a person to draft his or her own will and sign it in the presence of others. However, all statutory requirements have to be met for the will to be valid and the person must be legally competent at the time he/she signs the will.
Answered on Dec 11th, 2013 at 9:27 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No. Not without court permission. More facts are needed to determine what has really taken place. Under ANY set of events, a spouse is a spouse and in the absence of a pre-nuptial agreement, would still be entitled to a significant portion of the estate. This is true whether there is a Will or not.
Answered on Dec 11th, 2013 at 9:27 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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A Will must be signed by the individual (the testator) in the presence of witnesses. Anyone can prepare the document provided they can say that they prepared it under the direction of the testator. The testator must be able to understand the content of the Will. Must have read it. The testator must have capacity to understand what is in the Will. The witnesses must be able to testify that the testator had the capacity to understand the terms of the Will and wanted the witnesses to attest to his signing the will and his capacity. If the testator is not competent at the time of signing the will the will is subject to challenge and being declared invalid.
Answered on Dec 11th, 2013 at 9:27 PM
David Thomson Egli
The wife can get a will prepared for him, but the will still must be properly signed and witnessed. To be properly signed, it must be signed by: (1) the dad; (2) In the dad's name by some other person in the dad's presence and direction; or (3) by a conservator for the dad pursuant to a court order to make a will for the dad. The witnesses are required to be present when the will is signed and the attestation clause signed by them should have reflected how it was signed. If the dad signed the will, it doesn't mean the will is valid. A contest may be appropriate if the dad lacked the capacity necessary to sign a will or signed the will under undue influence.
Answered on Dec 11th, 2013 at 9:27 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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He has to understand what it says, and sign it; it has to be his plan.
Answered on Dec 11th, 2013 at 9:27 PM
No. You have to do your own will. This will can be challenged. Did your daughter's dad sign the will? Was his signature witnessed? By two people? What is his mental state? Can your daughter talk to her father, with an attorney perhaps, and find out what he really wants? It may not be too late to get a new will. There are many facts that I would need to consider.
Answered on Dec 11th, 2013 at 9:27 PM
Thomas Edward Gates
A will is to be done by one's own free will. As long as he can direct someone on what he wants in the will, then anyone can draft up his wishes. The witnesses attest to his free will in the will he signs.
Answered on Dec 11th, 2013 at 9:27 PM
Anyone can prepare a will. The important issues are (i) does the will properly reflect the wishes of the person signing the will and (ii) does the signer have the mental capacity to sign it? If you have doubts, get him to sign another will or ask him about his wishes and the previous will.
Answered on Dec 11th, 2013 at 9:27 PM
No. You are the only one that can do your will. The powers granted by a Power of Attorney generally do not begin until the person for whom you have Power of Attorney is incapacitated. Since the testator of a Will must have the mental capacity to understand changes to his/her Will, the person with Power of Attorney cannot use that power to change the Will, since the Power of Attorney usually only has power if the testator is incapacitated. The person who has been granted Power of Attorney may help the testator change his Will while the testator is still of sound mind, but he/she may not use the Power of Attorney to change the Will without the testator's express direction and consent.
Answered on Dec 11th, 2013 at 9:27 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He would have to sign it and have it witnessed to be valid.
Answered on Dec 11th, 2013 at 9:26 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Only the person who is subject of the will, can prepare his own will or have an attorney prepare one for his signature. A person's wife cannot prepare the will for another person, as the will is challengeable for fraud or duress. .
Answered on Dec 11th, 2013 at 9:26 PM
She can prepare the Will but he must sign it and it has to be witnessed to be binding.
Answered on Dec 11th, 2013 at 9:26 PM