Legal Question in Wills and Trusts in Georgia

My mother-in-law had her will filled in 1999. She now would like to update it as well as add a beneficiary. Can this be done without the expense of an attorney?


Asked on 2/20/15, 8:59 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

It can be tried, but by the time it is determined to be invalid it is too late to fix. This is something to go cheap with.

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Answered on 2/20/15, 9:07 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

She has a right to be your own lawyer and do a will, just like if she has a toothache she has a right to fill her own cavities without a dentist. Both usually go badly. A will is one of the cheapest things lawyers do, and doig it right can avoid a costly mess. Most wills written by non-lawyers tend to cost more to probate or pose more problems than wills with a lawyer. Many wills written by non-lawyers end up being invalid altogether.

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Answered on 2/20/15, 9:34 am
Robert Gardner Hicks, Massey & Gardner, LLP

You said the will was filed, so I am assuming she took a copy down and filed it with the local probate court. Know that a will has no value or meaning until she dies, so she can change it at any time. If she goes down to probate court, or wherever else she filed it, they should give her the original back. As to changing it, unless she has a copy on a computer and can make clean changes, she should not mark through provisions and change them with a pen, as doing so incorrectly can invalidate the entire will. In most cases, it is easier to just re-do the entire thing. Can she do this herself, sure. Should she? I compare it to changing your own transmission in your car. Yes you can do this yourself, but will you trust it to work? Especially when so much could be at stake. Given that most attorney's will do a will for a few hundred dollars or less, at least go and see someone and find out how much it will cost.

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Answered on 2/20/15, 10:33 am


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