Can I Prepare My Own Last Will and Testament?

May 3, 2019

By Robertson Law

The simple answer to this question is yes, you can. You can draft instructions about what you want to happen to your property at your death, or you can get online and find forms to download. The more important question, however, should be “Should I prepare my own last will and testament?”

The answer to that question is not as simple. Each state has its own laws that govern testamentary documents, or wills and how they are created. In addition, each state has its own laws governing property rights, inheritance, etc. A form you find online or create yourself might be valid in some states but not others. Or, it might not completely accomplish your intentions even if specifically set out in the will. In Alabama, for example, a surviving spouse has a right to an “elective share” even if he or she is not identified in the will to receive anything. Moreover, your instruction to leave a home to a loved one could be circumvented if you were to spend time in a skilled care facility and receive help from Medicaid.

It is always a good idea to have a lawyer review your estate planning needs with you to help you decide the most efficient and effective way to ensure your intentions are safeguarded. A lawyer can help you decide the best options for directing the distribution of your property after your death, putting some or all of it in a trust while you are still alive, or even putting some or all of it in a trust following your death.

If you have any questions about your estate planning needs, feel free to give Michael Robertson a call, and he will be glad to discuss them with you.