Tom McCutcheon – Attorney at Law
I have heard that a person cannot write their own Last Will and Testament that it must be written by a lawyer. I draw SSI and can’t afford to pay an attorney. I don’t own much but what I do own is paid for. What can I do?
Delores
Florence, AL
A: You could write your own Will but I would not advise giving it a try. I had a case 15 or 20 years ago where a school teacher who had taught in Florence for 40 years wrote her own Will. She was careful enough to have the required number of witnesses but she named a bank as a co-executor of the Will. She did not relieve her executors of the duty to provide a bond. Her errors cost the family about $9,000.00.
In Alabama a Will must be witnessed by two people. The witnesses must actually see the actual signing, or the person making the Will (the testator) must acknowledge that they signed the Will and that the signature on the page is their signature. The best practice in making a Will is to not only have two witnesses but to also have a notary public notarize the Will. This makes the Will a “self-proving” Will. That means that you do not have to find the witnesses (often years later) to prove the signature.
A Will should dispose of all of a person’s property and therefore language such as “I hereby give, devise, and bequeath to _________, all of my estate, of whatever kind and character and wheresoever situated, of which I die seized and possessed of or to which I may be entitled or which I may have the power to dispose of at the time of my death, to be ____ absolutely, forever, provided however that ____ survives me.”
A Will should name a trusted and responsible person to execute the terms of the Will. A Will should also name an alternate person to execute the terms of the Will.
A Will should also relieve the trusted executor of the duty of purchasing a bond.
In a month or so I am going to start going to various charitable events where I will offer to provide a Will or a legal consultation in exchange for a small donation to a local charity such as a volunteer fire department or other community assistance program. McCutcheon & Hamner bought a motor home for that purpose.
Delores, if you are concerned about your need for a Will, call our office and we will see if we can’t help you.
Buckle up and drive safely.
McCutcheon & Hamner, P.C.
2210 Helton Drive
Florence, Alabama 35630
Telephone: 256-764-0112
Facsimile: 256-764-1124
