Legal Question in Wills and Trusts in Arizona

I have purchased a set of legal estate forms, one of which is a Last Will and Testament Form. It is specifically designed it seems for a "married person with adult children". It also says it is for as already stated but that has "never been marrried". I have been married and am a widow, can I just delete that sentence/proviso, will it still be legal please?


Asked on 6/18/11, 10:33 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

The problem with any form, particularly legal forms, is that they require knowledge and expertise to fill them out, and to know what to delete or modify so that it reads correctly. More important, the form doesn't ask you relevant questions, so that your Will includes all that should be included. If you follow the do it yourself route, you won't know until after it is too late, if the Will you prepare is legal and enforceable.

As an example, it is much more important that you have a durable health care power of attorney, because that will protect you during your lifetime. A will only speaks as of your date of death, and much can happen and your wishes change, between now and then.

For comparison, I charge a fee of $350 to prepare a will, and $650 to prepare a will, durable health care POA and a durable financial POA. That may sound like a lot more than the forms that you purchased, but, you are probably unaware of the risks that you are taking with the DIY documents and what it will cost you if they are no good and unenforceable.

I am sorry to report that you can seldom get legal advice (as you are getting here) over the internet, if at all, and it is too important for you to get it wrong.

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Answered on 6/18/11, 11:16 am


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