Legal Question in Wills and Trusts in Alabama
Is this enough?
I am married, have 2 minor children, own a home, investments, and life insurances. We have prepared a fill-in-the-blank will with instructions for monies, personal items,executors, and guardianship of our children. We have informed others of our wishes and talked with the appointed guardians of our plans for our childrens future and the ways in which we wish them to be raised. Copies of this will and a statement of our wishes have been placed in the safety deposit and with relatives. Is this type of will legal/valid? Do we need to have a will prepared by an attorney? Does a copy need to be filed with the local courts?Do you feel there is anything more that should be done at this time?
2 Answers from Attorneys
Re: Is this enough?
Remember Abraham Lincoln's sage advice that he who represents himself has a fool for a client. Self made wills are all the rage - they are by and large useless. Your best hope is that it is invalid. Unfortunately, it probably is valid, and thus will create more problems than dying intestate.
There are numerous things left unsaid in your comments. Have you considered estate taxes and whether you are subject to them? You need to do far more than guardianships for your children. Without serious trusts for them you will seriously limit their investment options and probably result in their having to pay substantial tax penalties and other problems. Your will also may not be subject to proof in court - depending on the will type that you used.
In short, fill in the blank will forms are good for no one except maybe a single person who has no children. Aside from that you are playing Russian Roulette with your children's future. A bad will can indeed be worse than no will. A bad will will cost your estate far more in attorneys fees and costs than having an attorney draft one for you.
I leave you with the following poem we lawyers love:
From a classic poem by Lord Neaves:
The Jolly Testator Who Makes His Own Will
Ye lawyers who live upon litigants' fees,
And who need a good many to live at your ease,
Grave or gay, wise or witty, whate'er your degree,
Plain stuff or Queen's Counsel, take counsel of me:
When a festive occasion your spirit unbends,
You should never forget the profession's best friends;
So we'll send round the wine, and a light bumper fill
To the jolly testator who makes his own will.
He premises his wish and his purpose to save
All disputes among friends when he's laid to the grave;
Then he straightaway proceeds more disputes to create
Than a long summer's day would give time to relate.
He writes and erases, he blunders and blots,
He produces such puzzles and Gordian knots,
That a lawyer, intending to frame the thing ill,
Couldn't match the testator who makes his own will.
It is as true today as it was in the 19th Century. Consult an attorney in your area.
Sincerely,
Sterling L. DeRamus
Attorney at Law
2015 First Avenue North
Birmingham, Alabama 35203
205-458-1100
The above advice should not be considered legal advice but is advice of a general nature. For legal advice consult an attorney. The above advice does not constitute the establishment of an attorney client relationship.
Re: Is this enough?
After death, a probate court would determine that your will is either valid, or not valid. If it does not comply with the statute of wills, it is not valid. I would suggest you have a lawyer prepare the will for you to be sure. Otherwise your property will pass according to the laws of intestate succession.
You may contact me at 205-733-1131. There is no charge for consultation.
Leigh Love
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