How do I set up my Will - legally?

Question

Do you need a lawyer to write it? Can you write it yourself? Can someone direct me to a website that explains all of these in detail, thanks.

Answer 1

If you have sufficient assets or economic interests to justify making a will it is worth the cost of a lawyer to make sure it is done right.  

Answer 2

Contact a local lawyer who specializes in wills, I do know that in some areas the do-it-yourself wills are not always considered a legal document.  

Answer 3

You don't technically have to go to a lawyer to have a legally enforceable will, although if you do use a lawyer to help you it is much easier to have it enforced. As long as you hand write the ENTIRE will, sign and date it, and have two witnesses sign it, then you are set. However, if it were to be lost or destroyed, their would be no proof that it was ever written and the state would decide who would get to choose what gets done (your spouse if you have one, otherwise it's your closest relative). It doesn't matter what you write it on. My business law teacher once pointed out that a will written on a napkin is legal so long as its entirely hand written in YOUR handwriting, and its signed, dated, and signed by two witnesses. I would still have a lawyer prepare your will  though, it's much safer.

Answer 4

I suggest that you have a lawyer to write your will.  He/she will give you the assurance that the proper number of witnesses and a document called a "Proof of Will" is attached to your will.  The will costs a little more than copying some other person's will; but, I think you will appreciate the decision of hiring a lawyer.  Remember, if you move to another state, you will likely want to write a second will.  As you age it may be prudent to start giving gifts to your kids or their children.  If you are in good health today and no divorce is in the foreseeable future, I think you should keep the age of your executor named in your will should be considered.  I just rewrote my will to name a younger executor because my first executor was 70.  Not to be too involved here, but you must keep the factors of need of the beneficiaries in mind.  If one of your takers under the will becomes wealthy and another elects to be productive school teacher, I am a big fan of giving more to the school teacher.  Not knowing the size of your adjusted gross estate, I would not take a net of 150K and split it 7 or 8 ways.  Your will should be designed to have an impact on the life a responsible member of the generation below you.  Please elect to go with a lawyer for the first will.  Copying after that may be O.K. if you are in the same state.  But, again, there may be amendments to your State's  Law of Wills.  

Answer 5

You can write it yourself. As long as you have it notarized then it is a legal document. The notary seal will prove it was you who signed it.

I see this commercial all the time, legalzoom.com  . For 119.00 they do a will, if memory serves me.  I guess you type it up on their site and they mail it to you.  Not sure, never used them.  

I guess it depends on how much stuff you have. If you're an average joe with a house car and some possesions, then I wouldn't see a problem with writing it yourself. If you have multiple properties lots of other stuff, then maybe a lawyer might see or know something to add in there that I do not.