It’s not pleasant to think about your own demise; perhaps that is why so many Americans don’t have a will. As unpleasant as it is to think about dying, if you love your family, you will save them the pain of probate issues right at the time when they are suffering the most.
So, that brings up the question, are you required to have an attorney prepare your will?
In short, no, but it is a good idea to have one anyway.
Writing a will is not as simple as it seems. A will has specific technical requirements. Attorneys are valuable allies in the conception of a will. In order for a will to be valid, it must meet a few fundamental rules. If the will is not well crafted, it can be challenged in court, and what you intended to be your legacy will be null and void. With that in mind, here are some reasons why having an attorney involved in creating your will is vital.
An Attorney Can Bear Witness
It is standard practice in most states for two witnesses to sign a will. Alabama, by statute, allows an heir to witness a will. Another benefit of having an attorney involved with your will is watching you sign it. In all states, a witness must observe you sign; an attorney witnessing you sign will carry more weight with the court if the will is challenged.
Another reason to have an attorney work on your will is that your will must be notarized. An attorney’s office will have a notary public present, which adds a level of convenience. If need be, the attorney can notarize the will if he/she is a notary public.
A Lawyer Serves As A Failsafe
An attorney will be thorough in their examination of your will and will make sure no detail is overlooked.
Yes, the process is quite simple; all that is needed are signatures and a date. If you want to expedite the court procedures after your death that will prove the validity of your will, a self-proving affidavit signed by you and your witnesses will ensure the speedy fulfillment of your will. An attorney will ensure that you have all the needed legal language, so there is no ambiguity about your intentions.
The will doesn’t need to be filed or registered with any government agency. Because of that fact, it is vital to protect the document and be sure to store your will in a safe place such as a fireproof safe or a safe deposit box. Inform the executor of your will where you have stored the will.
We Can Be Your Guide
If you are considering creating a will, we can help. Tim Fleming Law can help you navigate the process of creating a will and answer any questions you may have. Call now at (251) 304-0888 or fill out our easy contact form. I will be in touch to discuss how I can give counsel on your will.
Don’t leave your family an invalid will.
Contact us today!