Does my son need a lawyer to execute the will I am leaving for him? 20 Answers as of December 02, 2013

I have a will that leaves my entire estate (lock-stock & barrel ) to my only child, a son. I have no wife. Does he need a lawyer to execute the will?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Ofices of Edwin K. Niles | Edwin K. Niles
Execute means to sign the will. If you mean probate , probably, if your assets (in your name alone) are over $100,000.
Answer Applies to: California
Replied: 12/2/2013
Durkin Law, P.C.
Durkin Law, P.C. | Roger Durkin
No, but you should have identified witnesses attest to your signature; better have your signature notarized.
Answer Applies to: Massachusetts
Replied: 12/2/2013
Stephens Gourley & Bywater | David A. Stephens
He may not need an attorney. You are the person that executes the will, not him. You do not need a lawyer, but be sure to sign the will correctly or it may be invalid.
Answer Applies to: Nevada
Replied: 11/27/2013
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
It is best. It is possible, depending on the kind of assets you own, that you might be able to avoid probate; however, you should NOT try to do that without the advice of a good estate planning lawyer. If property will transfer by will, a probate will be needed, and it will be easier and faster to have a lawyer handle it, and almost certainly less expensive than having a lawyer sort out the mess made in a do-it-yourself probate. There are many issues that must be handled, other than simply transferring assets to your son. Your estate only ever has to be probated once, do it right the first time.
Answer Applies to: Oregon
Replied: 11/27/2013
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
I think your issue is to assist him in probating the Will. It is wise for you to inquire of your attorney what steps will be necessary, so you have an idea of the complexity. You may be better off with a trust. Speak with counsel now to address you options. Your son should at least consult an attorney upon your demise to determine if he feels he can handle it on his own or if wants counsel to assist him.
Answer Applies to: Nevada
Replied: 11/27/2013
    James Law Group
    James Law Group | Christine James
    He should use a lawyer to help probate the will yes. If you want to do a trust it will be faster and easier for him and he may be able to do that without a lawyer.
    Answer Applies to: California
    Replied: 11/27/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Probably as the will puts the matter into probate court, and if he has no knowledge of how probate court works or what is required, yes.
    Answer Applies to: California
    Replied: 11/27/2013
    Christine Sabio Socrates Attorney at Law | Christine Socrates
    If you are leaving all of your assets to your son in a will then you must execute the will. This can be done with or without an attorney but is most often done with the help of an attorney. After your death, your son may retain the help of an attorney to settle your estate, and probate your will depending on the circumstances of your estate and will.
    Answer Applies to: Ohio
    Replied: 11/27/2013
    Law Offices of Frances Headley | Frances Headley
    The son will need an attorney to probate the will.
    Answer Applies to: California
    Replied: 11/27/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    First off, executing a will is going through the proper procedures so that a will is valid. That includes two witnesses (anyone over 18 besides your son) seeing you sign the will and the two of them seeing each other signing their names. (Also if you are in your right mind) Secondly, If you have anything that is titled in your name, your son would have to go through probate court to get the court to transfer the real property or titled asset (i.e. automobile) to his name and yes he would need an attorney to go to probate court.
    Answer Applies to: Florida
    Replied: 11/27/2013
    Frederick & Frederick PLC | James P Frederick
    Is your son an adult or a minor? He may need a lawyer, either way. If he is a minor, a Will is not the way to handle this. There may be better alternatives, anyway. A Will guarantees that there is probate. Probate is expensive and a hassle.
    Answer Applies to: Michigan
    Replied: 11/27/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    No, but you should have the will, or your estate plan, reviewed to determine if what you are planning will accomplish your desires and minimize the costs and taxes at your passing. Generally it is pay some now or more later.
    Answer Applies to: Michigan
    Replied: 11/27/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    He doesn't need a lawyer or need to execute your will. He just needs to know where it is when you die so that he can probate it.
    Answer Applies to: Idaho
    Replied: 11/27/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    He may depending on his willingness to do the estate administration and the complexity of your assets. You may wish to consult with an estate planning attorney yourself for additional information.
    Answer Applies to: Colorado
    Replied: 11/27/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Probably yes.
    Answer Applies to: California
    Replied: 11/27/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    A lawyer is not required by statute. However, the executor or personal representative is liable for failing to properly pay all outstanding bills, settling with creditors, transferring title of real property, paying state/federal/estate taxes, notifying Social Security, and selling or distributing all assets. Most people choose to have an attorney to help them. Other experts may be helpful if the estate is large or complex.
    Answer Applies to: Nebraska
    Replied: 11/27/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    You may want to do a trust to avoid probate.
    Answer Applies to: Michigan
    Replied: 11/27/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    It's not a bad idea. Wills are inexpensive. The cost to remedy a poorly done will can be expensive in comparison.
    Answer Applies to: Texas
    Replied: 11/27/2013
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    Circular 230 Disclosure: To assure compliance with Treasury Department rules governing tax practice, we inform you that any advice (including in any attachment) (1) was not written and is not intended to be used, and cannot be used, for the purpose of avoiding any federal tax penalty that may be imposed on the taxpayer, and (2) may not be used in connection with promoting, marketing or recommending to another person any transaction or matter addressed herein.
    Answer Applies to: California
    Replied: 11/27/2013
    Attorney At Law | James G. Maguire
    Yes, but it should be a very easy and inexpensive process. Just some paperwork, no court appearances.
    Answer Applies to: Louisiana
    Replied: 11/27/2013
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney