Can I prepare my own Last Will and Testament without the help of an Attorney?

Jan 5
08:17

2011

Michael  Dar

Michael Dar

  • Share this article on Facebook
  • Share this article on Twitter
  • Share this article on Linkedin

Is it necessary to have your last will and testament prepared by an attorney?

mediaimage

The question seems to come up often as individuals ask whether they really need an attorney to prepare their Last Will and Testament or can they just prepare it themselves. Well the answer to this question is actually that you can prepare your own will if you like,Can I prepare my own Last Will and Testament without the help of an Attorney? Articles however, you will be at risk of two things. First of all, if you prepare your own Last Will and Testament then what will happen is that because you lack the experience and educational background in estate planning you may make a mistake that may be quite costly in the future. Essentially, because of the average person’s inexperience if a mistake is made on the Will then what this will do is that your beneficiaries and heirs may need to battle it out in probate court in order to really get what they think they are entitled to. Thus this will lead to litigation and high legal costs that could have easily been avoided. The other issue is that if the person decides to forgo the services of an attorney they may be missing out on utilizing some estate planning tax strategies that will greatly help to reduce their tax. When an individual passes on their estate is actually subject to estate taxes and depending on the size of the estate these taxes can be quite high. In certain situations if you leave everything to you spouse upon your passing then your spouse will not be subject to paying the tax. However, your children or any other beneficiary will be subject to the estate tax. By using an attorney to construct your Will you can rest assured that they will be using the latest provisions in the field of tax law in order to increase your tax savings and reduce your tax liability up your death. The Will is actually created by a Maryland attorney who in turn will listen very carefully to exactly how you would like your estate divided up upon your passing. So lets say for example there is a situation where you want part of your estate to go to specific person and the other portion to another individual, by utilizing this legal document prepared by a Maryland attorney you can very easily avoid all of the litigation and legal costs that may occur if you do not have a Will. The process is very straightforward and simple if you retain a qualified Maryland Attorney to prepare it for you. If there is a Maryland will with clear language that lays out exactly who should receive the assets then the courts will really not need to look at the facts and circumstances of each case. On the other hand they can simple refer to the will which was prepared by a Maryland Attorney in order to determine exactly who should receive the assets. This will help to avoid a lot of costly litigation and legal costs that occurs when there is a dispute about the division of an individual’s estate. Otherwise the heirs of the estate who believe that they are entitled to the assets will have to hire their own probate attorneys in order to recover what they believe belongs to them. This of course carries a lot of litigation costs and attorney costs that could have easily been avoided by utilizing the services of a Maryland Attorney to create your Will.