A prominent member of our community was killed in a car accident last month and it made me realize, yet again, how fragile and random life can be. I haven’t made a will since my children were small, and I’ve been thinking that it is way past time to make a new one, since much has changed. As a now-single parent with adult children, I don’t have a lot complicated issues to deal with, so I’m thinking about writing my own will. However, I feel a little unnerved about not seeking a lawyer’s help with this important legal document.
Should a “regular” person (meaning those of us who didn’t go to law school) attempt to write their own will? A lot will depend on your personal situation, but it is definitely do-able if you have good self-help materials and what amounts to primarily basic concerns, such as leaving a home, investments, and/or personal items to your loved ones.
Drawing Up Your Will
Now-a-days, when lawyers draft a will, they use a computer just like the rest of us. Their computers contain standard forms that contain the types of clauses contained in most do-it-yourself wills. You can use those same forms when you make your own will by purchasing software such as Quicken WillMaker Plus, or by utilizing websites such as nolo.com. Make sure you type your information into the form, as handwritten wills are not recognized in all states.
A basic will is not complicated. You only have to “remember” two details; (1) if you’re married, your spouse will legally be allowed to claim part of your property after your death. If you leave your spouse at least half of your property, that won’t be an issue. And (2), you will need to sign and acknowledge your will in front of two witnesses. After you meet those two requirements, you are free to give your worldly possessions to whomever (or whatever; such as charitable organizations) you want. In short, if you know what you own, who you want to leave it to, and you are willing to take some time to reference and study self-help resources, you should be fine.
What should you put in your will?
No state requires specific language to make a will. The best wills are those that clearly reflect the wishes of the will maker. What you include in your will depends on what you want your will to do for you. A will helps you protect your family and your property. Yours may contain any or all of the following:
• How (and to whom) you want to leave your property,
• Who will have guardianship of your children if you die while they are minors,
• Who will manage your estate until those minor children come of age,
• How you want your debts and taxes paid
• Who will be the executor (the person who makes sure that the terms of your will are carried out)
The will ‘form’ will guide you along the way. Pick and choose the sections that apply to you. Again, after you make your will, you will need to sign it in front of two witnesses who are not your beneficiaries. They will then need to sign the will as well. You do not need to let them see the contents of your will; they only have to witness your signature. In Ohio, you do not need to have your will notarized to make it legal.
Having a Lawyer Write Your Will
If you decide that your situation is too complicated to write your own will, or you would just rather have a professional do it, then you’ll want to seek the expertise of an attorney. However, there is still much to be gained financially if you come in prepared and knowledgeable about making a will and what you want it to reflect. Your time spent with the attorney will be shorter and less costly.
Written by:
Donna Green, BS, MA
Extension Educator, Family and Consumer Sciences
Ohio State University Extension
