Wednesday, June 25, 2008

How do I find a local Lawyer to do a Simple Will? -

Looking for a Lawyer to do a simple Will, and what can I expect to pay?

Check the yellow pages (online or a hard copy). Ballpark of $500-$1000, depending on where you live. YOu can also purchase software for the computer and do it yourself for considerably less.

Try google search no book is required.

The fact is, you don t need a lawyer to do a simple will. Go to the State Bar Web site, which should have information about a statutory will, which is a quot;fill in the blanksquot; type of form that you can download. Fill out the form, then you and two objective witnesses sign it in the presence of a Notary Public, who then notarizes the document.

A simple will can be hand written or typed and will be legal...IF it is notarized! A lawyer told me that.

You can buy software to do it. Cost $50.00

You don t even have to hire an attorney. Simply HAND write one yourself, make sure you sign and date it at the end. It s called an holographic will...save your money!

Just look up a lawyer online or in the phone book in your area. A Domestic or Family attorney is what you want. Should cost about $100-$200., depending on how much you have ( a simple will). The more assets, the more it will cost.

You may also think about looking for a paralegal service. I ve seen many of these businesses around, where paralegals put documents together for you, cutting out the need for a lawyer, and greatly reducing the cost to you. Paralegals do most of that kind of work for the lawyers anyway.

There s websites on which you can print one out yourself. Then, get it notiarized at the bank. There....done! Didn t cost you a dime!

DO NOT follow Lynn s advice about quot;holographic willsquot;. Many jurisdictions do not recognize unwitnessed holographic wills at all, save in exceptional circumstances (e.g. sailors at sea). Even if holographic wills are recognized in your jurisdiction, a will s authenticity must still be independently proved by its proponents (e.g. handwriting experts must testify that the will is in your hand, witnesses must be found who will attest to the fact that you made the will, etc.). Properly attested wills, by contrast, are self-proving. A holographic will will cost your beneficiaries a lot of money and grief -- and, likely, your wishes will not be carried out at all. And Lynn -- if you want to impress people by your knowledge of what a holographic will is, by all means do; but unless you are an attorney, please refrain from giving people legal advice. It is highly unethical, and your lack of expertise can result in a tragedy. In this particular situation, you know what a quot;holographic willquot; is, but you don t know how such wills work, and the prerequisites to their probate. If the OP relies on your advice, his wishes will be frustrated. Alan -- I also advise you against using software or forms, unless you are willing to put in the time and effort into learning inheritance laws in your state. If a lawyer drafts your will and makes a mistake, he is liable for it. If software drafts your will and it turns out to be defective in some way, no one is responsible. There is no guarantee that these things are drafted by professionals, and even if they are -- there is no way to verify that fact. And, drafting is only the beginning of it. You have to EXECUTE the will correctly. In most jurisdictions, the requirements of a proper will execution procedure must be complied with TO A LETTER. Some people have suggested here, for example, that you simply have your will notarized. In some jurisdictions, however, this is insufficient. In New York, for example, a will must be attested to by two witnesses and a separate affidavit proving the will must be attached. Do it right. A will is an important document. Saving a few hundred dollars is not worth jeopardizing it. You CAN save money by choosing the right lawyer. In your case, I suggest you go to a quot;store-frontquot; neighborhood lawyer -- these guys are pretty inexpensive. You can find lots of store-front law firms in areas where there are courts.

--Ask friends for recommendations on lawyers they ve used for this purpose --Call the local bar association for names of lawyers who specialize in wills and estates You can do it yourself, as others have suggested, or use software to do it. But what seems like a simple estate may involve things you haven t thought of. To keep costs down, think it all through before you see a lawyer, fill out any pre-meeting forms you receive, and bring all necessary information, including names and addresses of primary and contingent heirs (you may also need their social security numbers). Provide names and account numbers for all bank and investment accounts, too. The wills and estates attorney may help you to identify which ones can be passed on without going through the will. One other really important thing: if you don t have a living will, medical power of attorney and/or other such documents set up in accordance with your state laws, do these things at the same time as your will. As to cost, ask for an estimate when you call for any appointment.

The laws on holographic wills are becoming more complicated and many do not stand up in court. Your best bet is having a lawyer prepare one for you. Go to naela.org for a referral in your area. All of these attorneys are experts in the trusts and estates area. A will (if in fact it is simple in legal terms) should be about $500 to $1000.

I don t know what area you in to recommend a lawyer. You could look on the internet for one in your area. You can also get a well done very inexpensively For $29.95 on the internet .

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