If you're thinking about making your own will, you may feel a little uneasy about the process. After all, shouldn't you seek a lawyer's help with such an important legal document?
The answer depends on your situation. If you're like most people, you won't need a lawyer to make a will. With good do-it-yourself materials, it's not difficult to make a will that takes care of basic concerns, such as leaving a home, investments, a small business, and personal items to your loved ones. And if you have young children, you can use your will to name a guardian to take care of them, as well as someone to manage any property they inherit. A will can certainly be legal even if you don't use an attorney to make it.
You may be interested to know that when lawyers draft wills, they usually start with a standard form that contains the same types of clauses contained in most do-it-yourself wills. Most attorneys put their standard will form into a computer and have a secretary type in the client's name, the names of the people the client wants his or her property to go to, and other basic information—exactly what you can do for yourself when you make your own will with software.
Making a will rarely involves complicated legal rules. In most states, if you're married, your spouse has the right to claim a certain amount of your property after your death. If you leave your spouse at least half of your property, this won't be an issue.
You need to sign and acknowledge your will in front of two witnesses. But beyond these basic requirements, you may parcel out your property however you like, and you don't have to use fancy language to do it. In short, if you know what you own, whom you care about, and you take a little time to use self-help resources, you should be fine.
Make your will today with great ease and low cost using Nolo's Quicken WillMaker. Just answer questions about yourself and your property, and print. Your document will print out with detailed instructions on how to sign in front of witnesses to make your will legally binding. WillMaker also comes with dozens of other useful documents, such as powers of attorney, health care directives, living trusts, and transfer on death deeds.
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.
You may want to talk to a lawyer if:
Also, some people simply feel more comfortable having a lawyer review their will, even though their situation has no apparent legal complications.
For more, take our quiz on whether you need a lawyer to make a will.