Greer, SC asked in Estate Planning for South Carolina

Q: Can I write my own will by using a draft will an attorney created without having to get his permission?

Went to attorney; he drafted my Will & sent it me for review. I edited it and would rather just take it on my own from here. I will get two witnesses and have it notarized. Is it legal to use his draft?

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Howell, MI

A: Did you PAY the attorney? If not, then NO you can't just use his work without compensating him for it. That is called stealing.

If you paid in full and just don't want to go all the way back to sign, you should TELL the attorney that, so he knows what is going on and can document that you chose to act against his advice so when the problems you created by editing his work come to light he can defend himself from the heirs who sue him because he 'drafted a lousy will'.

Are you getting the idea that you should either finish up with this attorney or hire a new on if you are really dissatisfied for some reason then you've got the right idea.

Don't steal, and don't be foolish. Attorneys are here to help -- don't try to short - circuit the process and defeat the help you can get from us!

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

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