Legal Question in Wills and Trusts in Indiana

Estate Planning / Custody of Children

My husband and I have two small children. We created a will via a software template which prompted inheritance, custody, etc questions. We printed, signed, and dated one copy and emailed one as well (for time/date stamp) to maternal grandfather (named care-giver to children in the event both parents are deceased or unable to care).

Is this enough legally, or do we need to see a lawyer? If so, any ballpark figures on cost?

My dad did the same, but he has no dependents. Does this make a difference in validity? Will he need to see a lawyer as well?

Thanks in advance.


Asked on 12/09/07, 12:09 am

1 Answer from Attorneys
Martin Hancock MARTIN HANCOCK

Re: Estate Planning / Custody of Children

No, its not. Wills must be executed in a very particular manner under Indiana law. Wills must witnessesed by 2 disinterested competent witnesses at the same time in front of each other. What you signed has no legal effect and will not be admited into Probate. I recently had a similar situation where I had to inform someone the "will" her father left wasnt valid. So make sure you execute it properly.

My firm, like many others charges $500 for a Will. Hope this helps.

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Answered on 12/09/07, 11:04 am


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