Legal Question in Wills and Trusts in California

Re: Do it yourself will?

Yes, you can handwrite a will, have two witnesses sign it and it will be legal and valid. There are some pitfalls in this and you have to be careful how you word it but there is no law against doing your own handwritten will. If you would like one done by an attorney give me a call. based on the facts you have written it seems like a fairly simple one to do and I could give you a very low rate.

Re: Do it yourself will?

You probably knew you were going to get words of warning from a lawyer, but here goes: I'd caution you to have this done by an estate planning attorney to make sure you've covered all the bases. A will does not affect property with designated beneficiaries like your retirement/savings accounts. This is fine if you want your mother to get them, but if not, you'll have to make changes to these as well, and perhaps coordinate them with your will if your children are minors. Also, especially with retirement plans, you'll want to consider the tax consequences.

That said, you can handwrite your own will, and sign and date it, with no witnesses required. If the will is a pre-printed, or typewritten form, two witnesses are required. If you do this on your own, you may want to check out the appropriate Nolo Press book (in bookstores or your library), or call the State Bar and ask for a statutory will form, (213) 765-1000.