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Coffee with Claire #15 – Commonly Asked Questions Blog Series

April 18, 2018

Can I write my own Will?

Writer’s note: This blog series is meant to act as responses to “quick” questions you may have for attorneys.  Think of these answers as a “quick” answer you might receive over coffee from your friendly neighborhood attorney.

Short answer, yes; you can write your own Will.  But if you want it to be valid, accepted by the court during Probate (read about the Probate Process HERE), and to do what you want it to do, well, that’s different.

Minnesota has three requirements for a valid Will (see Minn. Stat. §524.2-502):

1. It must be in writing;


2. Signed by the testator (you); and


3. Signed by at least two individuals, each of whom signed within a reasonable time after witnessing the signing of the Will.

This seems simple enough, right?  However, just because a court may accept your own Will doesn’t mean it will do what you want it to do, or that it will follow all tax laws, intestacy laws, real property laws, or other applicable laws.

Including a Self-Proved Affidavit to your Will (see Minn. Stat. §524.2-504) may help; however, I would encourage everyone who doesn’t want their estate to have the drama of Prince’s estate to contact an attorney to discuss their options.

If you have questions about your Will, please contact Claire Tralle to set up a free initial telephone call.

 

The information in the Coffee with Claire series are intended to provide information only.  No legal advice is being provided or implied via this blog post.  No attorney-client relationship is formed by providing this information.  An attorney-client relationship with Tralle Law, LLC is formed only after a retainer contact is signed by all parties.