If I write my own will, will it hold up in court when I'm dead.

Asked almost 2 years ago - Acworth, GA

I live in a run down trailer only the little bit of land is really worth alittle bit of money, and I barely make it week from week , so I don;t have any money and one car and personal items. I want to leave it to my only son.

Attorney answers (4)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . Let me rephrase your question. "I have a toothache, and I can't afford a dentist. If I get some pliers and pull it, will I be okay, heal, and not have pain or an infection?"

    Maybe, maybe not.

    The same is the answer on a homemade will. Maybe it works. Maybe it sort of works, and causes your son to spend extra money on probate. Or maybe it's no good at all.

    Doing a will with a real lawyer isn't that expensive, and you will also get other planning you may need at the same time (such as durable power of attorney, living will/health care directive, etc.). Call me with details and I think you be surprised how little doing it right will cost - 404-768-3509.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Darrell Brinnett Reynolds Sr.

    Contributor Level 17

    11

    Lawyers agree

    Answered . It may as long as it meets the requirements of the state and is properly executed. However, before you do so you should take the time to go and sit down with an attorney to discuss the matter.

    Darrell B. Reynolds,
    Attorney and Counselor at Law
    2385 Lawrenceville Highway, Ste D
    Decatur, Ga. 30033
    404-636-6616

  3. Robert M. Gardner Jr.

    Contributor Level 18

    7

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . You need to have a lawyer do this so that it will hold up. Probate in Georgia with only one heir is relatively simple, but one small mistake can cause him to have to pay out alot of money to get fixed. Talk to him about the cost and go sit down with someone in your area to see what your options are, including deeding the property to him and retaining a life estate, and the technical requirements for transfer now or upon your death.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base... more
  4. James P. Frederick

    Contributor Level 20

    10

    Lawyers agree

    Answered . This is not as simple as you believe it to be. It is probable that your son would receive the property, anyway, under Georgia intestate law. But he would need to go through probate to get title. There may be an easy and relatively inexpensive way to avoid probate, but you are not going to be able to do that on your own.

    You also need to provide for what happens if you become incapacitated. A Power of Attorney form for health care and for financial matters could save your son a lot of hassle, and you some money, but avoiding the need for a guardianship/conservatorship to take care of you. These forms are not expensive to have drawn up. But they should be prepared by an attorney, so you can be sure they are done right.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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