by Masson » Tue Jan 21, 2014 5:57 am
Good way to end up intestate There are two problems with canned wills: 1. Probate law varies by state so a will should be drawn to conform to that state's statutes and executed as that state requires(signature, witnesses, acknowledgment, etc.). Do the format incorrectly and the Probate Court may not accept it. Or, even if it does, anyone who wants to attack the will can use the technical defects to get it tossed out. 2. Laws vary by every state. There are lots of circumstances that will invalidate a will, even if it was valid when executed, if you don't draw it to take those situations into consideration. For instance: You have a wife and 2 kids and draw a will leaving your assets to the wife if she survives you or the two kids if she doesn't. Then you have a third kid. In many jurisdictions, the birth of the third kid makes the will invalid unless the will provided for the after born child. That means the will is out and your property passes by the laws of intestacy(as if you had no will) and that may not be what you had in mind(in this case, in my state, 1/3 would go to your wife and 2/3 would be divided among the kids.) That said, you "can" do your own will(it ain't rocket science) IF you know what you are doing. An amateur will may or may not be accepted by the Probate Court and may or may not stand up to an attack, but it's a fight looking for a place to happen. As we like to say in the law racket: pay me a little bit now to do it right or pay me a LOT later to fix the mess you could have avoided if it had been done right to start with. Sources: Cleaning up after waaaaay too many botched wills and probates. JBENZ's Recommendations Wants, Wishes, and Wills: A Medical and Legal Guide to Protecting Yourself and Your Family in Sickness and in Health Amazon List Price: $24.99 Used from: $11.50 Average Customer Rating: 5.0 out of 5(based on 3 reviews) The Executor's Handbook Amazon List Price: $18.95 Used from: $10.85 Average Customer Rating: 5.0 out of 5(based on 1 reviews) Wills, Trusts and Estate Administration(West Legal Studies) Amazon List Price: $139.95 Used from: $93.16 Average Customer Rating: 5.0 out of 5(based on 1 reviews) JBENZ 70 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.