In some circumstances, hiring a lawyer to draft your will is the least risky option. You should probably hire a lawyer if you have assets in multiple countries or states, have minor children, have been remarried, are in a same-sex relationship, own a small business, possess assets over $2 million or believe your will might be contested.
Full Answer
In higher-stakes cases, you may want to hire someone through an attorney network or another channel. Some lawyers would strongly advise you never to draft your own will if you don't thoroughly understand what could be at risk. "I think it is a bad idea," says Danielle Humphrey of Hurley Elder Care Law in Atlanta.
Sandoval suggests that, if you want to draft your own will, you start with a statutory will. This very simple form allows you to fill in your name and the names of your heirs, the people who will execute your wishes after your death, and any guardians needed for your minor children.
Writing a will isn't the most pleasant of tasks. After all, by doing so you're not only acknowledging your own inevitable demise but actively planning for it. That might explain why so many adults avoid this cornerstone of estate planning. According to an AARP survey, 2 out of 5 Americans over the age of 45 don't have a will.
Use FindLaw to hire a local wills lawyer to prepare a will tailored to your circumstances like living wills -- also known as an advance directive or medical power of attorney -- last will and testaments, and joint or reciprocal wills.
A lawyer can ensure that the will complies with state law, provides the best tax advantages for your estate and heirs, and accounts for particulars in your specific circumstances. In short, you may feel more assured that the document will stand up in court even if contested, and that your wishes will be carried out as desired.
If you chose to write a will without a lawyer, be sure to carefully research applicable state laws, particularly with respect to spousal inheritance laws, the signing of the will and any requirements relating to witness. In addition, write your wishes as clearly as possible because ambiguity in a will can render it invalid. If you use an online program to draft your will, read all instructions carefully and follow them to the letter. Some programs offer to have a lawyer review your documents for extra cost, an option that may give you additional peace of mind while saving you money.
When you need estate planning help with wills, trusts, powers of attorney, health care directives, probate, estate administration, and more, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.