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Indiana Probate Forum
 
  Forum  Estate Planning  Wills  Wills from the Internet or prepared by attorney
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New Post 7/18/2010 10:25 AM
  Arlene
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Wills from the Internet or prepared by attorney 

I have often ran into people who bragged on preparing their will for $39.00 or such from downloading a will from the internet or buying a will kits from an office supply store - are these Wills o.k.?    The problem with internet wells or kits is the Wills do not always have the six requirements to make a Will self-proving and often people do not understand the reasoning for each paragraph.   Some Wills do have guidance, but you get what you pay.  An advice from an estate planning attorney will not only help you with your Will, but explain what assets will be distributed under it and can make sure the Will is executed in accordance to Indiana law.   I have had at least 3 estates where the internet Wills have had blanks, no residuary clause, were notarized (where Indiana does not notary wills) or were missing 2 elements on the self-proving clause.    Now the self proving clause does not make the Will invalid, but does not allow the Will to be probated without a witness coming to court with you to prove the will or completing an Affidavit which will have to be prepard by an Attorney.   So the bargain that was sought in the beginning ends up costing more in the long run.    Another will stated it was my wish and desire, and you fill in the blanks, and in this case the nephew was to get the house and a dog.   But a wish and desire is not a direction or bequest or devise.   So here the nephew did not get the house or the dog because there were other heirs that took by intestate before he would have inherited.   I recommend calling me or another estate planning attorney to explain other aspects of estate planning and estate administration to determine the best type of Will or planning you need.  Arlene

 
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