Do my parents need to get a will done by a lawyer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do my parents need to get a will done by a lawyer?
My parents own a home and still pay a mortgage on it. They would like to have a will done as to what they wish done once they pass. How do they go about this?
Asked on July 3, 2017 under Estate Planning, Hawaii
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Legally, no--anyone may legally draft their own will. There are three things to consider, however:
1) The will must be properly and legally signed (executed) and witnessed; if there is any defect in how this done, the will is not valid. A lawyer will know how to make sure this gets done properly.
2) There are certain legal concepts and terms with which a layperson is likely not familiar. Unless your parents understand the concepts of the "residue" of their estate, a "remainder" interest, or how to create a "testamentary trust" (which is often very useful), a lawyer's help would be beneficial.
3) Lawyers are objective: they can see what you parents are trying to do and evaluate it dispassionately, without any emotional involvement; this lets them draft a will free from emotional bias.
So your parents *can* legally draft, etc. the will themselves, but hiring an attorney is to their advantage.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.