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Do You Need a Lawyer to Write a Will?

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Lawyers generally don't draft a new form for each will they handle; they just fill in a template, much like the ones available in will-writing books or software. "Just about everyone needs to make a will," says Mary Randolph, author of 8 Ways to Avoid Probate, $20, www.amazon.com. "You can definitely do it on your own if you have guidelines to follow."

TIP: Don't let any pesky administrative snafus invalidate your will. Make sure it is typed (not handwritten) and signed by three witnesses, and that it specifies an executor.

WHAT YOU CAN SAVE: Traditionally, wills are low-cost "because lawyers are angling for the probate business later on," says Randolph. (Probate, the often drawn-out court process of distributing your estate and paying taxes, can cost up to 5 percent of the value of the estate.) A standard attorney-drafted will costs around $500.

WHAT YOU RISK: If your will is confusing, your wishes might not be followed. And unfortunately, you won't be around to explain yourself.

GET A LAWYER IF:
  • You think the will might be contested.
  • Your estate is worth more than $1 million. (The stakes are then high enough to justify relatively low attorney's fees.)
  • You run a business with other people and want to pass on a share of the business to your heirs.
  • You need to set up a special-needs trust for a disabled relative (to help ensure continued eligibility for government benefits).

  • FOR MORE INFORMATION:
  • Quicken WillMaker Plus 2004 ($80, www.amazon.com).
  • Nolo's Simple Will Book, by Denis Clifford, $37, www.amazon.com.
  • www.legalzoom.com ($59 for a standard will).
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