Legal Question in Wills and Trusts in Arizona

will question

We had our previous will done by an attorney. Is the will more ''binding and/or ''legal'' if done by an attorney versus using your forms? Do the forms after completions need to be notarized to be legal?


Asked on 9/26/07, 4:09 pm

3 Answers from Attorneys

James Jenkins Jenkins Law Center PLC

Re: will question

Law Guru sells "forms." It also requests volunteer attorneys in specific fields to be available to respond to questions of the public. The attorneys are not affiliated with Law Guru.

I often find that estate plans drafted by other attorneys are not up to my standards, have minor problems, and do not stand up to scrutiny. Do-it-yourself estate planning may work, or it may cause problems which are difficult or impossible to repair, since the decease of a person makes it usually impossible to perform modifications post-mortem. It all depends upon the specifics of any particular case.

Good luck.

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Answered on 9/27/07, 10:59 am
Gerd Zimmermann zimmermann nielsen & colleagues

Re: will question

either will should be legal, but the new one should have been notarized

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Answered on 9/26/07, 5:39 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: will question

A will is not more binding or legal if it is prepared by an attorney. All wills must be witnessed and notarized, except in the case of a holographic will, one that is prepared solely by the Testator in his own hand.

In general, no one should use a "form will" without having legal expertise. You have to understand the legal principles in order to fill out a form correctly, and in order to fill out the form so that your testamentary goals and purposes are achieved. Further, only with legal advice will you learn what your options are, and what should be included in your will that is not included in the will "form."

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Answered on 9/27/07, 1:31 am


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