How do I proceed for my mother getting a written will?

Asked over 1 year ago - Orlando, FL

my father is in home hospice. My mother is living but she has heart problems. They are still paying their house.

I have only one brother; he wants to keep the house because he wants to continue living here; I do not wish to live with my brother for the rest of my life. I want my part in the event that my mother passes after my father so I can start a new life close to my children.

What does my mother need to do to write a will? Does she need to print a will from an online website or does she needs to get a lawyer and how much will that be?

Graciela Jaimes

Attorney answers (3)

  1. Heather Morcroft

    Contributor Level 20

    7

    Lawyers agree

    Answered . She needs to get a lawyer. If her estate is small and her will straightforward, it should not be terribly expensive.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******
  2. Joseph Michael Pankowski Jr

    Contributor Level 18

    6

    Lawyers agree

    Answered . Attorney Morcroft is correct. Your mother should retain an attorney to prepare the necessary estate planning documentation which will facilitate an easy transfer of her assets upon her passing, as well as to designate someone to manage her finances (power of attorney) and health care decisions if she is unable to do so (health care proxy).

    Please be very careful about being involved in selecting your mother's lawyer, bringing her to the lawyer's office and/or participating in a conference with the lawyer. Such activities could be cited by your brother after your mother's death as being evidence of you unduly influencing your mother. You want all decisions to be your mother's alone, with you having no influence on the same. Good luck to you and your family.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more
  3. Jeff Tomberg

    Contributor Level 14

    3

    Lawyers agree

    Answered . you need to be aware there are pitfalls in your hiring a lawyer to write the will. you need to have your mom do so. if your mom doesn't write a will then you and your brother will be tenants in common not with survivorship and you may then require a partition. but there are so many scenarios depending on what facts ultimately come out its not possible to answer all you questions. a lawyer visiting the house could be more than her visiting his office but each lawyer is free to charge what he or she believes to be appropriate.. make sure mom asks for fees.

    without a detailed review by a lawyer can all the issues raised in your question be appropriately addressed...... more

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