How to create a simple Will?

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How to create a simple Will?

My mother in GA wants to make a Will and leave her 2 acres of land to our younger brother. She has voiced this to her 4 other adult children who accepts her wishes. What should this Will look like, how detailed does it need to be?

Asked on August 2, 2011 Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Wills are governed by statute: that is, the state has passed detailed law setting forth how to create a valid and enforceable will. It is vital to follow the rules *exactly,* since a failure to do so could result in the will having NO effect whatsoever. (Note: expressing wishes to her children has no legal effect.)

The best bet is for your mother to go to a trusts and estates attorney to draw up a will reflecting her wishes; this will make sure that she gets an enforceable will. The attorney may also be able to advise her as to certain elements of estate planning--e.g. how to minimize costs and delays in probate, how to reduce tax liabilities on her estate or heirs, etc. This is too complex and important an area to do it yourself--though if you mother insists on trying to do so, make sure she looks up, reads, understands, and follows all the NV statutes concerning wills.

 


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