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

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. Best answer

    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 your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation


  2. 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 communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  3. 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


  4. 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 Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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