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Peach

Junior Member
What is the name of your state? New York
Here is my situation:
My husband and I never updated our wills when our second son was born 7 years ago. The law office we used does not even have the original will from when our first son was born ( I mailed it back to them to add second son, but unfortunately never followed up on changing it :( ) Anyway, my husband and I are going away in a few weeks (without the kids) and I wanted something in writing......just in case. The original lawyer offered to redo our wills for $600.00. I don't know if that is alot or not - I just can't swing it right before vacation. I will definitely consider it when we return. I went and bought the Socrates Last Will and Testament at Staples figuring that it was better than nothing for now. My question is if I fill out that form and have it notarized will it be considered legal if we should die? I have a pretty simple will - all assets divided between my 2 children, with my mother getting custody of them. Will I be OK temporarily?
Thanks!
 


nextwife

Senior Member
You can't will custody of your kids. Is husband their father, or is someone else? You can't usurp a bioparent's right to raise their child by willing custody away from the other parent. Children are not possessions- thus a WILL does NOT control legal custody. If a biofather wants custody and is not proven unfit, he WILL get custody over a grandparent.
 

pojo2

Senior Member
The original lawyer offered to redo our wills for $600.00. I don't know if that is alot or not - I just can't swing it right before vacation.


Strange what people find important in their lives.

But then again it is the same principal with paying bills too.
 

divgradcurl

Senior Member
Peach said:
What is the name of your state? New York
Here is my situation:
My husband and I never updated our wills when our second son was born 7 years ago. The law office we used does not even have the original will from when our first son was born ( I mailed it back to them to add second son, but unfortunately never followed up on changing it :( ) Anyway, my husband and I are going away in a few weeks (without the kids) and I wanted something in writing......just in case. The original lawyer offered to redo our wills for $600.00. I don't know if that is alot or not - I just can't swing it right before vacation. I will definitely consider it when we return. I went and bought the Socrates Last Will and Testament at Staples figuring that it was better than nothing for now. My question is if I fill out that form and have it notarized will it be considered legal if we should die? I have a pretty simple will - all assets divided between my 2 children, with my mother getting custody of them. Will I be OK temporarily?
Thanks!
Notarizing the will is insufficient. Once the will is drafted -- by you, by a computer program, or by a lawyer -- the will needs to be signed by you in the presence of two adults, preferably ones who will not take anything under the will, who will then sign the will as well. Only then does the will become valid.

EDIT: I guess the notary could be one of the two adult witnesses, but you still need another adult disinterested witness to make the will valid.
 

xylene

Senior Member
pojo2 said:
Strange what people find important in their lives.

But then again it is the same principal with paying bills too.
$600 dollars to the lawyer who doesn't even have your original will?

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