QUESTION

I have prepared my mother's will. In it,I am named the beneficiary of her home and adjoining lot under "Special Gifts" Should I include the address?

Asked on Dec 03rd, 2012 on Wills and Probate - Texas
More details to this question:
I am named as the beneficiary of mom's property under "Special Gifts". I also am Independent Executor.
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1 ANSWER

Estate Planning Attorney serving Batavia, IL at Drendel & Jansons Law Group
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In many jurisdictions, the person preparing the Will cannot also be a beneficiary of the Will. Preparing a Will for someone else also would be considered practicing law without a license. Whether there are any legal repercussions for preparing a Will for someone else, you may unwittingly be disqualifying yourself from receiving anything from your mother's estate. If your mother wants to do a Will and to name you as a beneficiary, you should urge her to see an attorney. There are many issues to be considered in doing estate planning. Anyone can file in the blanks in a form, but a person who has not been trained in the law risks making big mistakes doing it on their own. Since you are doing this for your mother, there may be fiduciary duty issues that you have not considered and which pose problems for you in the future. Your mother should see a reputable attorney who regularly does Wills and express her wishes to the attorney so that the estate planning can be done right. This answer is not intended to create an attorney/client relationship and is not intended as legal advice. The answer only states general principals of law and is nothing but a starting point. Nothing takes the place of specific, personal legal counsel tailored for your specific situation.
Answered on Dec 04th, 2012 at 4:24 PM

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