Q: Is there a way to do a will without involving a lawyer?
He has stage 4 cancer, hospice is in, and he is no longer able to leave the house. He wants to get his will done so there is no fighting. He also owes a bit on his house but wants to transfer the home to his daughter, can this be done? Lots of questions but hope to be guided in the right direction.
I am estate guardian can I write his words and have him sign? Is that possible?
A: It sounds like quite a few moving parts, and seeking an attorney is the best way to make sure everything goes where it belongs and abides by the statutory requirements for wills.
A: There is no law that REQUIRES anybody to use an attorney to prepare a will. It is simply best practice if the outcome matters and you want it done right.
By the way, you mentioned that you are the "estate trustee". There is no such thing as an "estate trustee". This is all the more reason the individual should hire an attorney to get this done right.
A: There are certain requirements for the execution of the will that are not written in the scriveners handwriting.
One is that it needs to be witnessed by 2 separate independent witnesses.
I would recommend contacting an attorney in determining if in fact they could come to the house.
If the will is done improperly and not reviewed it will not be effective.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.