Is a Will legal on audio tape orCD and not in writing?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is a Will legal on audio tape orCD and not in writing?

Someone keeps promising me her estate but I think she is just using me to do things for her.

Asked on August 8, 2010 under Estate Planning, Georgia

Answers:

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

Answered 13 years ago | Contributor

Generally, a Last Will and testament has to be in writing and witnessed in order to be valid.  "in writing" means typed or printed.  Some states allow for handwritten Wills.  Georgia does not.  These are the basic requirements, along with some other conditions that are mandatory such as competence.

What you are asking is if a Will may be made orally in Georgia.  The answer to this is yes, but only in VERY LIMITED CIRCUMSTANCES.  It can be made only in time of last illness and must be proved by oath of at least two witnesses present at making and the testator must have told those present to "bear witness" that such was his will. It also must be reduced to writing within 30 days of speaking.

So yes, I would have to agree with how you have assessed the situation that you are in and I would do something to change it.  Good luck.




IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption