How should I write a Will for my mother?

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How should I write a Will for my mother?

My mother wants me to take care of writing her Will for her. She wants everything to go to me, even though she is married. Is it possible for me to do this for her? And can I use a free template online for this? We don’t have the money to hire an attorney to write it.

Asked on April 11, 2012 under Estate Planning, Illinois

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

You are kidding right?  Get mom to a qualified estate planning lawyer.  Do you realize that even registered attorneys defer to estate planning attorneys and would not even think about doing what you are contemplating.  Whatever the costs to get a will and estate plan done will be a pittance compared to the lawsuit you will create if you try this on your own.  You have now been officially warned of the folly of your contemplated actions.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, you should not do this and generally speaking, you can not disinherit spouse.  If your mom qualifies as a "senior citizen" then there may be some free or inexpensive service in the area for her to use. You as the purported beneficiary of the estate should NOT write it or sign as a witness.  It taints the intention of the testator.  Also, one needs to know exactly what is  held by your mom and her husband jointly as that will pas to him or her automatically upon either's death.  This can be very complicated.  Get help.  Good luck. 


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