Legal Question in Wills and Trusts in North Carolina

My father ordered a will kit online. We are planning to fill it out and have it notarized. It is just your basic generic will. There is one question on there that does not apply to him. Should we just leave it blank or should we mark it out completely?


Asked on 2/20/13, 1:04 pm

1 Answer from Attorneys

I don't know where your father ordered a "will kit" from but it already sounds like this is a mistake since it contains things that do not relate to his situation. I don't know what you mean by "we" are going to fill this out. If this is your father's will, he fills it out unless he absolutely cannot write or type. To be valid, the will cannot just be notarized. It has to be witnessed by 2 people who are not beneficiaries under the will if the will is typed or printed.

Your father is about to make a huge and possibly very costly mistake. I can draft a will and other estate planning documents (he should have an advance directive for medical care, a financial power of attorney and healthcare power of attorney) for your father for a reasonable fee assuming he is mentally competent. If he is interested, please have him contact me at [email protected].

If your father proceeds with this document, it may or may not be valid. If there are problems with it, they will not come to light until the will is submitted for probate and could lead to very expensive litigation just because your father decided to get a will kit and save a few bucks. He should therefore pay an attorney to review this document, assuming that an attorney is willing to do so.

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Answered on 2/20/13, 8:47 pm


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