Do I need to go to a lawyer todraftmy Will and Trust?

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Do I need to go to a lawyer todraftmy Will and Trust?

Asked on September 5, 2011 under Estate Planning, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is always advisable to go to an estate planning attorney to have your testamentary documents created and for other ancillary documentation, like powers of attorney and health directives. If you have a lot of assets (think home, car, bank accounts, retirement accounts, personal belongings) and you have either or both children and spouse, you are looking at trying your best to avoid probate. This may mean placing items through a pour-over will into a trust and ensuring items that can have beneficiaries have named beneficiaries so they avoid going through probate.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is always a good idea to consult with a lawyer whenever one considers doing his or her will. The reason is that depending upon the size of one's estate, a trust as opposed to a will might be the best way to transfer one's assets to the next generation.

One does not need a lawyer to draft his or her will. There are issues that can happen to the detriment of the person drafting the will if it is not prepared properly and signed by witnesses (usually two) if the will is not a holographic will (done entirely in the handwriting of the person making the will).

Trusts are quite complicated and an experienced wills and trust attorney should be consulted for the creation of such a document.


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