Legal Question in Wills and Trusts in North Carolina

If me and my husband wrote up a Will, and we dated and signed it, would it be legal if one of us passed away?


Asked on 6/08/10, 3:17 am

1 Answer from Attorneys

Is it handwritten or printed/typed? If typed/printed, it must be witnessed by 2 people who are not beneficiaries under the will. It should be notarized so that the witnesses to the will need not be found to testify at the time of your death that you signed your will. If you handwrite the will, it must be all in your own handwriting and found among your important papers (like deeds to land, car titles, etc.) at the time of your death. You and your husband should each have your own wills - not one will for both of you (called joint and mutual wills).

I would not encourage you to do your own will - there is always the possiblity that you could err and a dispute could arise at the time of your death even though you thought you were being clear. Please feel free to contact me if you would like me to draft wills for yourself and your husband for a reasonable fee if your estate is not complicated. If you own more than $1 million or have property in different states, then get a lawyer and do more extensive estate planning.

If you want to go ahead and do your own wills anyway, go to www.legalzoom.com or www.nolo.com. You can get wills for less than $100 there. I cannot vouch for the accuracy of their wills or that you will not err in making your wills, but this will be better than you trying to do it entirely on your own.

Rachel Hunter

Attorney at Law

(678)-687-9693

Admitted in GA, PA & NC

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Answered on 6/08/10, 10:40 am


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