Question:

Do I need a lawyer to certify a will?

by Guest32983  |  earlier

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If I just write a note or something about the places or people I want my money and posessions to go to will that be good enough?

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  1. I'm pretty sure you need a lawyer, or else the will isn't valid.


  2. Yes you need a lawyer to certify a will as well as a witness. you write what you would like your possessions to be handed down to, and then sign a piece of paper to which the lawyer holds.

  3. Nope... just go to your bank or local state office and have it notarized. This way it prevents people from changing it after you pass. A notarized will at minimum is what you need if you plan for legal matters to be in there. Otherwise, if you trust someone to distribute your items, that should be fine, but you need to make sure that that person doesn't kick off before you.

  4. No...merely to certify a will, all you need is a notary public.  But it is always a good idea to have a lawyer look over a will, so that there are no legal missteps in it that could lead to a probate court determining that it is invalid and your last wishes thwarted because of that determination.

  5. What you are referring to is a holographic will. The requirements vary from state to state, but you certainly don't need a lawyer (although it is highly recommended). Generally these a re the requirements for a holographic will:

    a. The holographic will is entirely in the handwriting of the testator (the person making the will)

    b. The testator signs the holographic will

    c. The holographic will contains the following:

                 1. Language indicating testamentary intent (giving on  death language)

                               a. “I give $100 to Amy.”

                               b. ”Upon my death, I give $100 to Amy.”

                2. Identification of the property

                               a. ”Upon my death, I give $100 to Amy.”

                               b. “Upon my death, I give all of my

                                    furniture to Amy.”                              

                3. Identification of the beneficiary (who will receive the gift)

                              

    Edit: These are the minimum requirements in most states. Note that it need not be witnessed or notorized.

  6. Depends where you are. State Laws vary.

    At a minimum, you need to sign and date it in front of a Notary

    and two witnesses so that there's no doubt that it is your Will.

    You should give a copy to who-ever you designate to make the

    distributions you desire so that they can file it when you pass on.

    You shouldn't just leave it around and hope some-one finds it.

    It would be a good idea to consult an Attorney to be sure that it's

    clear and in proper form.

    He can advise you about the best way to handle it under the laws of your State.

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