Can you help someone write a Will and be in it as an excutor and a beneficiary?
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Can you help someone write a Will and be in it as an excutor and a beneficiary?
Asked on March 30, 2012 under Estate Planning, California
Answers:
Christopher Vaughn-Martel / VAUGHN-MARTEL LAW
Answered 12 years ago | Contributor
My strong advice would be that any will written under those circumstances would be susceptible of challenge. It is a much better idea to retain competent counsel. A little money spent on doing it right can save you a tremendous amount of money and difficulty later. Good luck!
Hong Shen / Roberts Law Group
Answered 12 years ago | Contributor
There are two concerns regarding this questions. First, if you are a nonlawyer, then if you help another to write a will it probably constitutes an unauthorized practice of law, which is a crime. A husband and a wife can write a mutual will, which is ok. Other than this situation, it would be wise not to write a will for another.
Second, if you are a lawyer who is capable of writing a will, then it is ok to benefit from the will as long as you are not getting anything that you would have gotten intestate.
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