How to create a simple Will?

UPDATED: Aug 2, 2011

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How to create a simple Will?

My mother in GA wants to make a Will and leave her 2 acres of land to our younger brother. She has voiced this to her 4 other adult children who accepts her wishes. What should this Will look like, how detailed does it need to be?

Asked on August 2, 2011 Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Wills are governed by statute: that is, the state has passed detailed law setting forth how to create a valid and enforceable will. It is vital to follow the rules *exactly,* since a failure to do so could result in the will having NO effect whatsoever. (Note: expressing wishes to her children has no legal effect.)

The best bet is for your mother to go to a trusts and estates attorney to draw up a will reflecting her wishes; this will make sure that she gets an enforceable will. The attorney may also be able to advise her as to certain elements of estate planning--e.g. how to minimize costs and delays in probate, how to reduce tax liabilities on her estate or heirs, etc. This is too complex and important an area to do it yourself--though if you mother insists on trying to do so, make sure she looks up, reads, understands, and follows all the NV statutes concerning wills.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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