Posted: 8/5/2004 5:44:31 PM EDT
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Do you need a lawyer in order to produce a legally binding will? I don't have much shit, but I was thinking if I get knocked off, there are certain things I want certain people to have. Can I just write this down on a sheet of paper, have it notarized, and then give it to someone to bust out in case I die? I want to make sure whoever cleans up the mess when I'm gone has to do what I want and can't, for example, hawk all of my guns and keep the money for him/her self. |
| I had one done by a lawyer, when I was in the Navy. They know all of the stuff that is required to make sure you stuff goes to who ever you want. It was free so I could not even begin to estimate a price for you. I would call the local layers and ask how much for a basic will |
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It always helps but is not required. There are two ways to be sure it is at least looked at when you are gone and can't swear you wrote it. The first is the traditional notarized signature and the second is a holographic will (written in your longhand) Under some circumstances you can have someone else write it and have witnesses attest to your signature but that's rare. |
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I respectfully disagree that you NEED a lawyer! You will probably WANT a lawyer to help you draft it, but one of the largest ranches in Texas was devised by a man writing his last will and testament on the back of an envelope and having it witnessed by the two 'ladies of the evening' who were with him in his hotel room! I don't presently have a will! The laws of the State of Texas will place my property in precisely the hands of those to whom I would will it anyway! Texas has an 'independent administration' provision that, when included in wills, makes probate and administration a snap! But the same result can be ordered by the Judge upon the agreement of all heirs. Right now, I only have one heir - my daughter! Now, I will be getting around to redrawing my will one day, but it's not the most urgent thing for me to do today! My recent divorce made me tear up the old will!  Eric The(FreeAsABird)Hun 
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Assuming you have no kids and no spouse, without a will, do things default to living siblings or parents, or does the gubnimint grab some? It probably varies by state, but can you generalize? Maybe I don't have to do anything. |
Let me generalize a bit and say this, the laws of every state that I have ever read about call for the property of an INTESTATE individual to go to his nearest of kin. The property does not ESCHEAT to the State UNLESS there are no living relatives that can be found. If you have no spouse, no children, it will go to your siblings and parents. No siblings, then to your parents. No siblings and no parents, then to your nearest living relatives according to degree of kinship. Check with an attorney in your state! Or try and 'google' it on the Internet! Eric The(Helpful,Hopefully)Hun
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