QUESTION
Does my son need a lawyer to execute the will I am leaving for him?
Asked on Nov 24th, 2013 on Estate Planning - Ohio
More details to this question:
I have a will that leaves my entire estate (lock-stock & barrel ) to my only child, a son. I have no wife. Does he need a lawyer to execute the will?
18 ANSWERS
Edwin K. Niles
Execute means to sign the will. If you mean probate , probably, if your assets (in your name alone) are over $100,000.
Answered on Dec 02nd, 2013 at 6:08 PM
No, but you should have identified witnesses attest to your signature; better have your signature notarized.
Answered on Dec 02nd, 2013 at 6:08 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Probably yes.
Answered on Nov 27th, 2013 at 9:55 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It is best. It is possible, depending on the kind of assets you own, that you might be able to avoid probate; however, you should NOT try to do that without the advice of a good estate planning lawyer. If property will transfer by will, a probate will be needed, and it will be easier and faster to have a lawyer handle it, and almost certainly less expensive than having a lawyer sort out the mess made in a do-it-yourself probate. There are many issues that must be handled, other than simply transferring assets to your son. Your estate only ever has to be probated once, do it right the first time.
Answered on Nov 27th, 2013 at 9:43 PM
Neal Michael Rimer
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Answered on Nov 27th, 2013 at 9:42 PM
3 Awards
I think your issue is to assist him in probating the Will. It is wise for you to inquire of your attorney what steps will be necessary, so you have an idea of the complexity. You may be better off with a trust. Speak with counsel now to address you options. Your son should at least consult an attorney upon your demise to determine if he feels he can handle it on his own or if wants counsel to assist him.
Answered on Nov 27th, 2013 at 8:14 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Probably as the will puts the matter into probate court, and if he has no knowledge of how probate court works or what is required, yes.
Answered on Nov 27th, 2013 at 8:14 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He doesn't need a lawyer or need to execute your will. He just needs to know where it is when you die so that he can probate it.
Answered on Nov 27th, 2013 at 8:14 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, but you should have the will, or your estate plan, reviewed to determine if what you are planning will accomplish your desires and minimize the costs and taxes at your passing. Generally it is pay some now or more later.
Answered on Nov 27th, 2013 at 8:13 AM
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He should use a lawyer to help probate the will yes. If you want to do a trust it will be faster and easier for him and he may be able to do that without a lawyer.
Answered on Nov 27th, 2013 at 8:13 AM
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It's not a bad idea. Wills are inexpensive. The cost to remedy a poorly done will can be expensive in comparison.
Answered on Nov 27th, 2013 at 8:12 AM
A lawyer is not required by statute. However, the executor or personal representative is liable for failing to properly pay all outstanding bills, settling with creditors, transferring title of real property, paying state/federal/estate taxes, notifying Social Security, and selling or distributing all assets. Most people choose to have an attorney to help them. Other experts may be helpful if the estate is large or complex.
Answered on Nov 27th, 2013 at 8:12 AM
He may depending on his willingness to do the estate administration and the complexity of your assets. You may wish to consult with an estate planning attorney yourself for additional information.
Answered on Nov 27th, 2013 at 8:12 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Yes, but it should be a very easy and inexpensive process. Just some paperwork, no court appearances.
Answered on Nov 27th, 2013 at 8:11 AM
You may want to do a trust to avoid probate.
Answered on Nov 27th, 2013 at 8:11 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Is your son an adult or a minor? He may need a lawyer, either way. If he is a minor, a Will is not the way to handle this. There may be better alternatives, anyway. A Will guarantees that there is probate. Probate is expensive and a hassle.
Answered on Nov 27th, 2013 at 7:58 AM
The son will need an attorney to probate the will.
Answered on Nov 27th, 2013 at 7:54 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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If you are leaving all of your assets to your son in a will then you must execute the will. This can be done with or without an attorney but is most often done with the help of an attorney. After your death, your son may retain the help of an attorney to settle your estate, and probate your will depending on the circumstances of your estate and will.
Answered on Nov 27th, 2013 at 7:52 AM