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My father or mother is in poor health and needs to do a will. Can I assist with this? A child can sometimes help a parent arrange to have a will done. However, the child should rarely be involved in the drafting of the will. A child should not be a witness to a parent’s will, and should probably not be present during the signing of the will. A lawyer being instructed on a will should receive final instructions from the parent without the child being present. This minimizes any concern that the parent received undue influence from the child. What makes a person mentally competent or mentally incompetent as the case may be? This is a complex area of law. Typically a testator (person writing a will) should have a sense of who the important people are in his or her life, and should understand the basic nature of what he or she might give to those people. To make matters more complicated, a person may be competent but under undue influence. If you have any concerns in this regard, you should have a chat with a lawyer such as me. Will you notarize or witness a will that I have prepared myself? If so, what’s the costs for such a service. For various reasons, including the avoidance of professional liability, I will not simply act as a witness for a will. If I’m going to accept you as a client, I must have input into the drafting of the will, and I typically insist on drafting the will myself. Let Russ Weninger help you with your inquires with regards to writing your wills. Visit our website today for more information! www.RussWeninger.comTRANSCRIPT
FAQ Questions for
the Week
WILLS
FAQ
#1:
My father or mother
is in poor health and
needs to do a will.
Can I assist with
this?www.RussWeninger.com
A child can
sometimes help a
parent arrange to
have a will done.
However, the child
should rarely be
involved in the
drafting of the will. www.RussWeninger.
com
A child should not
be a witness to a
parent’s will, and
should probably
not be present
during the
signing of the
will.
www.RussWeninger.com
A lawyer being
instructed on a will
should receive final
instructions from
the parent without
the child being
present. This
minimizes any
concern that the
parent received
undue influence
from the child.
www.RussWeninger.com
FAQ
#2:What makes a person
mentally competent or
mentally incompetent
as the case may be?www.RussWeninger.
com
This is a complex area of law. Typically a
testator (person writing a will) should have a
sense of who the important people are in his or her life, and should understand the basic nature of what he or she might give to those people.
www.RussWeninger.com
To make matters
more complicated,
a person may be
competent but
under undue
influence. If you
have any concerns
in this regard, you
should have a chat
with a lawyer such
as me.
www.RussWeninger.com
FAQ
#3:
Will you notarize or
witness a will that I have
prepared myself? If so,
what’s the costs for such
a service.www.RussWeninger.
com
For various
reasons,
including the
avoidance of
professional
liability, I will not
simply act as a
witness for a will.
www.RussWeninger.com
If I’m going to accept you as a
client, I must have input into the
drafting of the will, and I typically
insist on drafting the
will myself.
www.RussWeninger.com
Let Russ Weninger help you
with your inquires with
regards to writing your willsVisit our website today for more information!
www.RussWeninger.com
www.RussWeninger.com
www.RussWeninger.com