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.
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.
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.
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