Jamie Said:

How to write your own WILL that satisfy appropriate legal requirements?

We Answered:

It will depend on what state you are in. Look under your state's statutes. Some states allow Holographic Wills (handwritten by the Testator) and others do not. Some states have different requirements on the number of witnesses, and the rules pertaining to whether or not the witnesses have to see each other sign or not. Some states require a publication requirement, others do not. I would strongly suggest against using a form bought at a store with fill-in lines and forms from the Internet. Even the Internet ones are not complete and may not allow for all of your assets to be included and may overlook special things such as custody of your children in the event of your death and may omit a backup plan in case the person selected dies before you do or does not want to take charge as the Trustee. Also, what state you are in will determine what can happen if you and your spouse/beneficiary die at the same time (i.e. in a car crash). Consult an attorney. Many of them do not charge a lot for a Will, and it is worth it.

Donald Said:

if you write your own will and have it notorized is it legally binding?

We Answered:

It also depends on what states you live in, the laws, and the amount of the estate.

You own property to be distributed after your death. Some Will may not be appropriate for estates larger than the federal estate tax exemption amount, currently $3,500,000.

You stated you didn't own much, therefore a Simple Will signed and notarized might be OK.

Concerning A Living Will, remember that each state has its own law, and sometimes, its own form. While it is usually not necessary to have an attorney help you prepare an advance directive, you may want to consult an attorney if you have any special concerns. After you have prepared your advance directive, consider registering it with the U.S. Living Will Registry so that your choices will be available to health care providers and your family wherever and whenever needed.

Frank Said:

Can you write your own will and how does it become legal?

We Answered:

"Can you write your own will and how does it become legal? Do you have to get a lawyer to write a will or can you write your own and what do you have to do to make it legal? I am trying to help my mother since my father passed and know very little myself. And what has to be done so that I can take care of her affairs when she is gone? Is there somewhere to get the proper forms? She is asking for my help so I appreciate your help. Thanks."

The quick answer to your main question is "Yes, you can prepare your own will and have it witnessed and notarized without an attorney being involved."

Before one decides to prepare their own will, ask these questions:
1) Are the testamentary assets involved significant?
2) Is there a need for any distributions in the will to go into a trust or otherwise reside in a long-lasting fiduciary relationship outside of the will? And,
3) Is the will likely to be contested?

If you answer yes to any of those questions, then you should reconsider making a self-prepared will.

Additionally, sometimes there are tax considerations that make the self-prepared will a bit premature: Certain gifts made while a person is still alive may reduce the tax liability of the estate or make the transfer of ownership less odious after a death. The best way to know is to make a written accounting of all potential estate assets and consult an elder and estate attorney. If you want to do it yourself, then thoroughly research the subject on-line and at your local law library.

Arranging (and knowing the costs) in advance for a place of burial and a funeral home that you would use is also a good idea-- since the days immediately following a death can be very difficult on the family.

That said, if your mother wishes for you to administer her estate after her death, she should prepare a Last Will and Testament that revokes any previous wills or codicils and that names you as her administrator (or personal representative or executor-- however it's phrased in the state where she is domiciled). Generally, you can find forms at office supply stores or bookstores to help you follow the format used in your state. You may also be able to get information on your state's Attorney General's website. Law schools and legal aide societies sometimes offer workshops and clinics to help people make self-prepared wills. Another set of good resources are the clerk's at the local probate court.

The will should be signed on the last page and on a verification page when required (or advisable) and initialled on each numbered page in the presence of the following: at least two witnesses who are not beneficiaries in the will and who would not otherwise have an interest in the estate and a Notary Public to notarize (and seal where required) the document. A video of the signing goes a long way in showing it was legitimate.

Provide a copy of the will to the administrator(s) and place the original in a safe deposit box or other safe place. There's nothing wrong with letting major beneficiaries have a copy too.

Jennie Said:

with a write your own will pack from smiths, can my husband also write his will?

We Answered:

Sorry but Sweet Pea is wrong. My husband and I have a joint will which is legal. You can each leave personal possessions to anyone you like. When one of you dies the surviving person then has to make out a new will. My cousin has just done this as her husband has died. They both had a joint will.

Florence Said:

Computer programs to write your own will?

We Answered:

One of my co-workers just did one using LegalZoom.com. Never looked at the site myself, but had heard commercials on the radio locally (Maryland/DC/Virginia). If you suspect that your father's situation will be complex, a lawyer would probably be your best option though.

Keith Said:

Is it safe and effective to use will-righting software to write your own will?

We Answered:

most folks unless they have a lot of stuff that is really tie to different places really do not need a will -- joint accounts and titles take care of most major items and if some thing (both parties are die) the state has rules of who get what -- not if you want to get off the beated track a will could be a blessing!!!