QUESTION
Is it necessary to have an attorney to do last will and testament?
Asked on Nov 16th, 2012 on Estate Planning - New York
More details to this question:
My mom wants to do her will, but she doesn’t have a lot of money to pay an attorney. Can she get a form from an office supply place and have it notarized?
22 ANSWERS
While not necessary, any will must satisfy statutory requirements and that is easier done when prepared by an attorney. Simple wills are not very expensive. She should at least have a consultation with an attorney to review her needs and the law's requirements for a will.
Answered on Nov 19th, 2012 at 5:21 PM
Yes, you can do a Will by yourself. It is hard to get it right unless you do a fair amount of work to learn the rules.
Answered on Nov 19th, 2012 at 5:19 PM
Shadi Ala'i AlaiShaffer
Trust me, you want to always have an attorney - you will pay more later if you don't take the time and money to invest in the proper professional help now. These matters are far to important and the consequences of not doing them right are high... Find someone who will work with her budget or allow you to make payments. Best of luck!
Answered on Nov 19th, 2012 at 5:17 PM
Yes she can. As long as she meets the criteria to execute a valid will. We can supply a generic form or you can get a simple form and execute herself if she is capable. Otherwise we do Wills and Trusts for dirt cheap rates and will even counsel what to do if you still want to draft it. Always helps to have an experienced hand in the process, call or email to discuss further.
Answered on Nov 19th, 2012 at 5:16 PM
in Indiana, the answer is no, it is not that easy. If she has enough resources to leave behind, then she probably has enough to pay an attorney to properly prepare a will.
Answered on Nov 19th, 2012 at 5:16 PM
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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If you live in Michigan, check with your legislator and ask about Michigan's statutory will - he or she should be happy to provide the form to you. That said, a one size fits all form does not necessarily accomplish all that a person will want to accomplish in an estate plan - and a will is only one part of a proper estate plan.
Answered on Nov 19th, 2012 at 5:15 PM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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A Texas will can be entirely in the handwriting of the Testator (will-writer). This is called a holographic will and is acceptable for Texas probate. A holographic will does not need to be witnessed. There are forms and software and websites (legalzoom.com) that also do wills, but she should also consider an attorney. I do basic estate plans, including wills for $300 or less. If she uses a form, it is important that the form be typed completely and then signed, witnessed and notarized - mixing handwritten additions into the body of the will can invalidate it.
Answered on Nov 19th, 2012 at 5:15 PM
Administrative Law Attorney serving Sherwood, OR
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Employment Law Professionals Northwest LLC
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She can get a form for a will from any office supply store. The basic Oregon will is also available in the statute. You can also get a basic will from LegalZoom.com. Having an attorney review the will is important to insure that you have complied with all legal requirements and addressed important issues. This advice is based on the limited facts that you have provided, additional facts may change the advice. We are not providing you legal advice, rather we are responding to your set of facts based on general legal principles. You should not rely on this information without consulting an attorney and providing the attorney with a complete set of facts. We provide a reduced rate initial consultation for $35.00, if you would like a more complete answer. We are not representing you in this or any other matter, unless and until you and we have entered into a written agreement for services.
Answered on Nov 19th, 2012 at 5:13 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Legally, you do not have to hire an attorney to do a will. If you use a form obtained in a store or on a website - it's ok but I can almost guarantee that the Will will not be properly executed, witnessed, etc. and hence not be admitted to probate. Better to hire a lawyer.
Answered on Nov 19th, 2012 at 5:12 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Your will is the last thing you say on Earth. When it "speaks," it is beyond fixing, because the only person who can change the will is the person who made it, and that person is gone when the will is read. It doesn't cost that much to get a lawyer to help, compared to the impact of getting something wrong (and we see it all the time).
Answered on Nov 19th, 2012 at 5:12 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Wills do not need to be notarized in Michigan. Yes, your mother COULD do that. But how does she even know that a Will is the right form to use? About 90% of my clients use estate planning OTHER than a Will. Because most people want to avoid probate. You cannot avoid probate with a Will. The only time a Will is ever used is in probate. What else would she use besides a Will? That is where the office supply or Legal Zoom cannot help you. Your mom needs to review her situation with an attorney to see what she needs and to have it drawn up properly. Could she sign a form and have it turn out? Sure. It could also be a disaster and completely different than what she would have wanted. If there is a problem with a Will, you do not find out about it until after the person has died. Estate planning is not a do-it-yourself project. There are too many potential complications. Estate planning tends to be FAR less expensive than most people assume. Most attorneys do not charge for an initial consultation. At the very least, your mother should do that and figure out what she needs.
Answered on Nov 19th, 2012 at 5:11 PM
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If she is a senior citizen there are groups that do them for free. In Las Vegas, she may contact the Southern Nevada Senior Law Program. They will prepare her simple Will at no charge. She should also execute powers of attorney for health care and financial matters. Most attorneys charge a few hundred dollars to complete a basic estate plan. There are risks associated with using a form without proper legal advice. Again she may qualify for free assistance though a senior program.
Answered on Nov 19th, 2012 at 5:11 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It is not necessary to have an attorney do a will. However, self help wills and fill in the blank wills are fraught with issues. ... do it wrong and her assets could be tied up in probate for a long time.. The question is what does she want.. and does she actually need a will By LAW her assets are distributed to her spouse if living (50% if she has a children with another father), the rest to her children in equal amounts .. then to their kids, etc.So she may not need a will if she does not object to this distribution.
Answered on Nov 19th, 2012 at 5:10 PM
Thomas Edward Gates
While she can get a form, depending on her circumstances, the form may not be adequate to cover any unusual issues.
Answered on Nov 19th, 2012 at 5:10 PM
If your mom has some assets, it may be better to see an attorney about a trust to avoid probate. Or there may be other ways to leave her property to her children. If you are in the Birmingham, MI area, i can give your mom a consultation for a nominal fee to see if I can help her. My fees are very competitive and low given my experience. See my profile.
Answered on Nov 19th, 2012 at 5:09 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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A person can act on their own behalf and prepare their own will, but it is not advisable because, if not prepare correctly, then there intentions will not be carried out, because the will was defective. I recently probated a case that had just that problem; form will obtained from stationary store not prepared correctly. I am a believer, you get what you pay for in life; pay nothing get nothing. But it is your right to represent yourself.
Answered on Nov 19th, 2012 at 5:08 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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Your mother's will must be signed by your mother and by two witnesses. It does not have to be notarized. A will does not have to be prepared by an attorney, but an attorney can make sure that the will does everything that you need it to do.
Answered on Nov 19th, 2012 at 5:07 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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A will should not be notarized. Either it must be COMPLETELY in her own handwriting, signed and dated, or she can use a form and sign it in the presence of two witnesses who are not related to her or to any beneficiary under the will.
Answered on Nov 19th, 2012 at 5:06 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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No. There are books that have forms you can copy. Also software with forms.
Answered on Nov 19th, 2012 at 5:05 PM
Yes, she can. However, the form may be very generic and not apply the laws of your state. If your mother's estate is fairly small, there aren't a lot of beneficiaries, and she doesn't have a lot of debt, this kind of form may be adequate. Also check with your state's bar association and law schools to see if there are free or reduced cost legal services that she can use.
Answered on Nov 19th, 2012 at 5:05 PM
Complex Business Transactions Attorney serving Modesto, CA
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Tagre Law Office A Professional Corporation
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California law provides a statutory will in Probate Code section 6240. It's a "fill-in the blanks" form designed for people (single or married) with small estates. It may work for your mother. However, she should consult with an attorney if there is anything she does not understand.
Answered on Nov 19th, 2012 at 5:04 PM
John J. Carney
You should have an attorney do it, but otherwise you will not get it right and it will be worthless. The fee is only around $200.
Answered on Nov 19th, 2012 at 5:00 PM