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Do I need an attorney to draft my will?

When most people are looking to get a will, the first question they ask is "How?" and then "How" leads to "Who?" 

"Do I need an attorney to draft a will?"

Legally, No you don't.  But practically?  Absolutely - at least that is my opinion.  

The states here in the US do not require wills to be drafted by attorneys, but every state requires specific formalities in order to make a form valid. 

In addition to worries about validity, each state has specific laws about the requirements for proving a will, as well as preventing post-death challenges.  

Estate planning lawyers are experienced in these areas.  They know the case law and the pitfalls, so they can craft a will that can stand up in court. 

But it's not only about standing up in court.  Estate planning lawyers know the specific methods to make it so that none of your witnesses ever need to go to court after you die.  They know the specifics of how to streamline the probate process through effective drafting (in states where this is available).  

Are you required to take these steps? No. But do you want to make it difficult for your children or your heirs after you die?  

Drafting a will yourself, or using a form, presents significant risks for the validity of your will, and will most likely complicate matters after your death.

If you are skilled in wills and estate planning, you don't need an attorney. 

But if you aren't skilled in these areas, is saving a couple-hundred bucks worth the risk?  You wouldn't do your own surgery, would you?  

Are you sure you need a will?  See Why do I need a Will?

If you need a will (which you probably do), you can get one here, custom drafted by a licensed attorney for much less than a brick-and-mortar law firm. We take all the guess-work and stress out of getting a will. Just answer some questions about yourself, and we do the rest. Click Here to get started!

 

Robert Jonas