QUESTION

Is is legal to have a will written by hand and recorded at the court house, or does it need to be handled by an attorney?

Asked on Aug 09th, 2011 on Wills and Probate - North Carolina
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1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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A hand-written Will is known as a "holographic Will" and is a perfectly legal document when written so that it follows the laws of the person's home state. North Carolina will have a statute explaining how to make a holographic will effective. Here is what the Oklahoma statutes require to make an effective basic holographic Will: The hand-written Will must be dated and signed by the person who wrote it. It must also clearly state that it is that person's last Will and whether it revokes or amends (changes) any previous Will that the person had made. In Oklahoma it is not required that the Will be filed or recorded at the court clerk's office until the person is deceased So, although you do not need an attorney to write the Will or file it, it is always wise to at least consult a local attorney for instruction, to be sure you are following the laws of your particular state. That attorney can ask you the necessary questions to determine your situation and give you the best instruction to prevent problems later. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLCTulsa, OKhttp://www.theallisonfirm.comhttp://www.linkedin.com/in/GaleAllison
Answered on Aug 23rd, 2011 at 3:37 PM

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