Page 34 - Book10E

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Writing a Will without the Help of a Lawyer
Of course it’s legal to write a will without the services of an attorney, but there are three reasons why it makes sense to seriously consider using one:
1. To make sure the court accepts your will as the legal document in charge of your estate, a will must be signed in a particular way, with witnesses, and under oath. Other types of wills (such as holographic or handwritten) may be accepted by the court, but even these are subject to certain requirements that can be explained by an attorney.
2. If you have minor children, or need to provide for an incapacitated adult, such as an adult child with special needs, or an ailing spouse, an attorney can help you set up arrangements for guardianship and/ or special trusts to help care for them after you are gone. These may include legal arrangements beyond the will itself, as well as appro- priate language within the will.
3. Inheriting money or property from you may create unintended legal or financial problems for your heirs. An attorney can anticipate these problems, and can often find better ways to help you accom- plish what you intend.
Making Changes to Your Will
Is it permissible for you to make changes to your will? Yes, not only may you change your will as many times, and at any time, as you like, you should plan on it. Your will should be reviewed periodically to keep up with changes in your assets, your wishes, and the law. The will you made when you had your first job and one child will not be suf- ficient later, when you have several children, more property, and live in a different state under different laws—or the same state, and differ- ent laws. Similarly, as your children become self-sufficient, you may
Wills and Trusts