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Do I Need a Lawyer to Make My Will?


Don't, however, rule out consulting a lawyer. In some situations a lawyer's services are warranted. And you don't necessarily have to turn over the whole project of making a will; you may just want to ask some questions and then finish making your own will.

When to Consult a Lawyer

You may want to talk to a lawyer if:

  • You have questions about your will or other options for leaving your property.

  • You expect to leave a very large amount of assets (say, over $2 million) and they may be subject to estate tax unless you engage in tax planning.

  • Rather than simply naming people to inherit your property, you want to make more complex plans -- for example, leaving your house in trust to your spouse until he or she dies and then having it pass to your children from a previous marriage.

  • You are a small business owner and have questions as to the rights of surviving owners or your ownership share.

  • You must make arrangements for long-term care of a beneficiary -- for example, setting up a trust for an incapacitated or disadvantaged child.

  • You fear someone will contest your will on grounds of fraud, or claim that you were unduly influenced, or weren't of sound mind when you signed it.

  • You wish to disinherit, or substantially disinherit, your spouse. It's usually not possible to do this if your spouse objects, but a lawyer can explain your spouse's rights.

Also, some people simply feel more comfortable having a lawyer review their will, even though their situation has no apparent legal complications.

Finding a Lawyer

If you decide to see a lawyer, your next task will be to find one who is knowledgeable about wills, charges a reasonable fee and will respect your efforts to make your own will. This may not be easy, but it shouldn't be impossible.

Copyright 2007 Nolo

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