Legal Question in Wills and Trusts in California
Can someone who is not a lawyer charge for preparing a will for someone else? Are there any restrictions on who can be paid for writing a will for someone else - unrelated, not a family member etc.
Asked on 10/10/12, 1:10 pm
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
It depends on whether the person acted as just a scrivener, meaning that they simply wrote down what they told, or provided advice as to what to write. If they provided advice as to what to write, including selecting terms, then it would constitute the unauthorized practice of law, which is a misdemeanor in this state.
Answered on 10/10/12, 1:56 pm
Kurt Seidler
Law Offices of Kurt A. Seidler APC
many people engage in the unlawful practice of law and I have never seen it prosecuted. You get what you pay for.
Answered on 10/10/12, 1:59 pm
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