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Is there a legal way to make a will with child guardianship without a lawyer and with little or no money? Ms. MD asked:
I heard that if you write up your will, have it noterized and mail it to yourself, then never open the envelope that this is a legal way to create a will. Does anyone know if this is true? 6 CommentsSorry, comments for this entry are closed at this time. |
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Every state law is different. In most states you can make your own will without an atty; ask the local probate court. If so, you can buy a will kit at an office supply house, or download one from the net; have it witnessed and all signatures notarized; and make sure someone responsible has it. Mailing it has no point.
Keep in mind any will can be challenged; and if someone cares enough to challenge guardianship, someone will regret not having it drawn up by an atty.
In the absence of other documents, and it if can be established to be genuine, then it would likely be considered to be a valid will by the probate court.
Have the will witnessed (at the time of notarizing) by people who are likely to outlive you. That way, they can directly testify in probate court as to the authenticity of the document.
A will, as long as it is witnessed by more than one person, preferably notarized as well, does not have to be mailed, nor must it even be in an envelope.
You should keep at least one copy in a safe deposit box and give sealed copies to your attorney if you have one or to trusted friends or relatives.
There are forms which you can read on the internet. Make certain that you choose a form which is legal in your State.
Some States require that a will, especially if it involves minors, be registered with the County Clerk or Court.
not exactly. You need to sign the will and have your signature witnessed by at least two people, and have the signatures of the witnesses notarized. There are web sites with simple fill-in-the blank forms for wills, including nominating a guardian, and many book stores will carry books with forms and instructions, and many stationary stores will carry legal forms of all sorts. Look in the yellow pages under legal forms.
If it is written in your hand, and signed by you with witnesses to attest to your state of mind (ie your not crazy when you sign it, or signing under duress), then it is called a holographic will.
I don’t know what effect it would have on child guardianship, if both parents do not sign, it may be able to be undone…you can do what you want with yourself, but not necessarily with your children. Still, it would be better than having nothing stating your wishes.
Check with local law firms and ask if they have law school interns working- they work much cheaper than lawyers. Careful though, because you also get what you pay for.
One thing you do want to do if you write something yourself is to make your intentions explicit and clear, because you only need a will when you die, and your not around to explain things then..and if there is any question, the court decides what you meant.
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