Legal Question in Wills and Trusts in Pennsylvania

Wills

I am trying to find the right will form to use for my step-father.He was married twice and his first wife had a son, and his second wife had a son. So neither one of his sons are his blood, but the son from his first wife has his last name. I do not,since I'm the son of his second wife. Both wifes are deceased.Can you tell me which form to use.


Asked on 2/04/07, 11:21 am

3 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: Wills

There is no right "form" for your step-father's situation. The only form will that I have found to be worth much at all is the form that is used by the US Armed Forces for deploying servicemembers and that only because almost all of them are similarly situated in life.

You should be very cautious about giving too much help to your step-father in making his will. You are not a lawyer and are in no position to advise him on what terms might be appropriate for him. Moreover, your active roll in helping him with his will opens the door for anyone interested in the will to contest it based on your "undue influence."

A will need not be expensive and is usually worth the price. Connect your step-father with a lawyer in your area who writes wills (many of us do) and let him get some professional advice.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 2/04/07, 1:15 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Wills

I agree and disagree with John. Any form available at a local stationery store might do, but I strongly suggest using the services of a lawyer, not doing this yourself. There are many issues to be resolved, and your assistance could expose you to a potential claim from the other child, if you were to get a share of the estate. You do not say why he has the same name? Was he adopted? In the final analysis, no child, natural, adopted or step-child has an automatic right to inherit, and it is up to the person making the Will to decide who gets his assets.

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Answered on 2/05/07, 10:20 am
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Wills

Your step-father does not need to find a particular kind of "Will form"...

...he needs to find a competent estate planning attorney to help him prepare a Will that is going to leave his property to the people he wants to receive it. With multiple marraiges and step-children, it is important that he has a good estate planning attorney to assist him in the process.

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Answered on 2/05/07, 11:03 am


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