Here are five reasons to hire an attorney when creating a will:
Sites such as LegalZoom.com ($69 for a basic will) and Nolo.com ($59 for a basic will) provide forms and guidance on drafting your own will. If you go this route, make sure you meet your state’s requirements, such as having independent witnesses sign the document. You may be able to ask a lawyer to review the will for a small fee.
If you go this route, make sure you meet your state’s requirements, such as having independent witnesses sign the document. You may be able to ask a lawyer to review the will for a small fee.
Write a do-it-yourself will if you need a short-term fix until you can hire a lawyer or if your situation is very straightforward -- say, you’re leaving everything to one person. But even small mistakes could cause problems down the road.
Cut the Lawyer Out of Your Will? Write a do-it-yourself will if you need a short-term fix until you can hire a lawyer or if your situation is very straightforward -- say, you’re leaving everything to one person. But even small mistakes could cause problems down the road.
Most people assume wills are just for bequeathing property to loved ones, but you can include all kinds of assets and terms in this document. For example, you can name the executor of your estate, designate guardianship of any minor children, and leave certain assets to charity.
Although it is possible to draft a will yourself that is legally binding, having an attorney perform a thorough review can help ensure the document will hold up in court. Every state has strict statutes governing probate, and they change all the time. That means you must use a template that is both up-to-date and meets your state’s requirements.
Perhaps you were married before or you have children with someone other than your current partner. Regardless of your family dynamic, estate planning lawyers can help you devise arrangements that are ideal for your current situation. They can also help you update essential documents if your circumstances change.
There are some documents that can accompany a will and actually go into effect before you pass. For example, a healthcare power of attorney grants someone else the authority to make important medical decisions on your behalf should you ever become incapacitated.
A holographic will is holographic in the sense that it is entirely in the handwriting of the testator (and signed). Entirely, you should note, means ENTIRELY. If any of the “will” is typewritten, the typewritten parts will be disregarded.
You can draft a holographic will; You can prepare a will using a proprietary fill-in-the-blank form; You can use an online legal service provider to help you prepare your own will; or. You can contact an attorney who will work with you to prepare your will (and other documents). In this blog post, I will discuss some of the pros and cons of each ...
Does not extend to other estate planning documents: a holographic will does not extend to the other “typical” documents that form the estate plan that you might receive from one of the other sources of drafting a will – such as a medical power of attorney, durable power of attorney, physician directive (or living will), or HIPAA authorization.
No legal guidance: without an attorney to guide you through the process of creating a will, it’s possible that some of your instructions or bequests might not be legally permissible or enforceable and accordingly, it is possible that the court might disregard or reinterpret the problematic provisions or bequests.
It is simpler with fewer formalities: the holographic will does not have to be witnessed and notarized like a more traditional will, and the holographic will can be written on anything (in one famous case, a holographic will scratched on a tractor fender was found to be a valid will).
Safekeeping: If you want an attorney to keep a copy of your Will, there are few places more secure than the locked file cabinet of a Trusts and Estates attorney . But if you have not engaged the services of an attorney, you’ll have to make your own safekeeping arrangements.
State laws are very particular about what may or may not be included in estate planning documents. For example:
Attempting to manage your own estate plan without legal representation could leave you abandoned and in the dark if you run into difficulties or complex issues. Hiring a skilled and knowledgeable law firm can help you avoid problems down the road and will give you peace of mind knowing you will have ongoing legal support.
The Estate Planning and Probate attorneys at Tarutis & Brunstrom in Seattle, Washington can help navigate you through this process so that estate planning is straightforward, effective, and can be resolved promptly and appropriately.