Writing your own will

Writing your own will

By: LawInfo
Published: 01/2009
To ensure that your assets are distributed according to your wishes at the time of his death, it is important that you have a valid will at death. While in years past it was customary to go with your attorney to draft a will, there are several options available to you if you want to write your own will.
Handwritten will
In legal terms a will written by hand is known as a holographic will. In order that a holographic will is valid and that the estate be distributed in accordance with the guidelines in that will, must meet a few basic criteria. First, the whole will must be handwritten by the testator himself (the person making the will). A testator can not use a form with blanks to fill in and call it a holographic will. Second, the testator must have the mental capacity to create a holographic will. This requirement is the same for all types of will and not just applicable to holographic wills.
Holographic wills are not recognized in all states. Some states recognize holographic wills required to be attested and other states do not require this requirement.
The DIY Testament
It is now easier than ever detailed draft a will without a lawyer’s expertise. For example, you can use the online form asks you certain questions you just answered. Then, you can simply print your will and make it witnessed and notarized in accordance with the laws of your state. Of course, you can also write your will and to have an attorney review it, which may be important in certain circumstances.
When you request a review of a Lawyer
Although holographic and DIY are legally acceptable options, you should know when to seek help from a lawyer. For example, if you have a heritage that you estimate will exceed a million dollars when you die, then it is important to seek the advice of an attorney for estate planning that can help you avoid high taxes legally about it. Similarly, if you have complex family relationships or if you decide to remove a close relative (as a child), then it is important to speak with an attorney who can ensure that your intentions will be fulfilled. If you have any questions about the contents of the will or its validity, then it is advisable that you seek the advice of an attorney.
If you decide to seek the advice of an attorney, you may save money on legal fees for drafting a will yourself and making the attorney review rather than the lawyer takes his time to interview you and write a will for you .
Compose your own will can be financially prudent. However, you need to ensure that you are using an online form that is good, use a recommended kit or do it yourself, you follow all the rules applicable to holographic wills so that their intentions are respected in the time of his death.


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