Can you write your own will legally

[lookin4info]

I searched but could not find this information. My mother is wanting to write a new will, the original was made about 20 years ago. She no longer owns the the property that was included in the will. My sister owed her money when she wrote the will and this was accounted for in the distribution of her funds between all of her children. The debt has long been paid and she wants an equal 3 way split now. Can she just write that and staple it to the original, or hand write a new one and have it notorized or something to make it legal? We would appreciate your help. If this would not work, would getting a form online work. Does it have to be filed by an atty to make it legal?

[keepsmiling]

You don't need an attorney but you will need notarizing.
Wills aren't that expensive btw.

[TheBajan]

Spend the little bit and get a legal form. Every state is specific as to the format and wording of a will to determine it's full legality. That's true about most contracts down to the margins on the page. Make certain the form you get is actually state specific.

[LadyInTheRed]

Your mother could do a codicil to amend her will or do an entirely new will that includes a statement that she revokes all prior wills. The requirements for making a valid will depend on state law. For example, you may need witnesses instead of a notary, which is the case in California. A handwritten will is probably fine as long as it satisfies state law requirements. Even if the requirements are not met, a Will can be admitted to probate. But, it takes some additional steps to prove the will is in fact the decedent's will. So, it's best to make sure the will satisfies state requrements.

lookin4info, what state does your mother live in?

[HHM]

As others have pointed out, it is a bit more complicated than simply stapling a note to the existing will.

It would probably be best to do an entirely new will and revoke all prior wills, that will be the cleanest way to handle it.

[tobee43]

what lady has pointed out is quite important. you need to find out what your state law requires.

if push came to shove it's still better to have just about anything, than to have died in testate, and most likely, although, a hassle would have to go through probate...a BIG hassle to say the least. not all wills or estates have to go completely through the probate process, as lady points out in calif. there are certain requirements, and along with that, there are certain moves one can make now to prevent a will to be stuck in probate for years, that's what estate planning is all about. personally, i would just have your mom redo it completely.

[tobee43]

As others have pointed out, it is a bit more complicated than simply stapling a note to the existing will.

It would probably be best to do an entirely new will and revoke all prior wills, that will be the cleanest way to handle it.

opps, didn't see you there

[LadyInTheRed]

I see from your profile that you are in Ohio. Here's what Nolo says about Ohio wills: http://www.nolo.com/legal-encycloped...ill-31924.html

Nolo is usually pretty good source for this kind of information. But, I always like to go to the actual law when possible. From the Ohio Revised Code:

2107.03 Method of making will.
Except oral wills, every will shall be in writing, but may be handwritten or typewritten. The will shall be signed at the end by the testator or by some other person in the testator’s conscious presence and at the testator’s express direction. The will shall be attested and subscribed in the conscious presence of the testator, by two or more competent witnesses, who saw the testator subscribe, or heard the testator acknowledge the testator’s signature.

For purposes of this section, “conscious presence” means within the range of any of the testator’s senses, excluding the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication.

http://codes.ohio.gov/orc/2107

I agree that a new will is better than a codicil.

[lookin4info]

Thanks for all the valuable info, I think we will do an actual form or new will to make it clean as suggested. Lady, thanks for looking up the info before I could get back on here. I will check out the link and ifnormation.