Legal Question in Wills and Trusts in Pennsylvania

In the state of Pa can paralegals write wills independant of an attorney as long as the will is signed in front of a notary. people can write there own will by hand and sign it and it holds up as the current will so it makes since to me that a paralegal can do this without the need for an attorney to be involved.


Asked on 1/11/12, 7:38 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

No they can't it would be the unlicensed practice of law. While it's ok for you to represent yourself in court you can't hire a non-lawyer to do so. Beside that if it turns out the will is defective, which won't be known till you're not around who is going to defend that will? Who carries malpractice insurance?

Sure you can save a few bucks now but you'll cost the beneficiaries of the will a lot more if it is not right.

{John}

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Answered on 1/11/12, 7:46 am

I don't care if it makes sense to you or not. A paralegal cannot be drafting wills for anyone other than himself or herself without an attorney supervising the work. To do otherwise is to engage in the unauthorized practice of law. If the district attorney finds out, the paralegal can and will be prosecuted. Lawyers take this very seriously.

A person can always draft a will for himself or herself, although I would not recommend it. While there are plenty of kits out there (www.nolo.com or Legal Zoom), I cannot recommend these for the simple reason that you may or may not have complicating factors. More and more people have blended familiies or other issues and these kits are not designed to handle those issues.

Saving a few bucks now could end up leaving your beneficiaries or loved ones a legacy of costly litigation because something was not done correctly. Wills are not all that expensive and can be done (depending on your situation of course) for as little as $100 or more if you require additional documents (powers of attorney or living wills). By your zip code, it appears that you live approximately in the center of PA. There are plenty of local lawyers who will do this for you. Shop around. I would not let cost be the only factor. Personality has a lot to do with it. Cheapest is not always a guarantee of competency either. But shop around and ask a prospective attorney what they charge to do a will and/or related documents get a ballpark range from the attorneys in your area before making a decision.

At a minimum, an estate plan should include a will/trust, a financial power of attorney, health care power of attorney and advance directive/living will.

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Answered on 1/11/12, 1:37 pm


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