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LegalPro
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Experience:  33 years experience in domestic relations and family law practice.
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I need a will for my wife and i. We have a few assets but not

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I need a will for my wife and i. We have a few assets but not a lot of money on hand to pay for a fancy will but we would like to have something. What do you suggest
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalPro replied 1 year ago.
I suggest that you obtain some prices from a few attorney's offices for the preparation of simple wills. I think wills and general and medical powers of attorney are very important for anyone to have. The advice of an attorney in these matters could be invaluable as opposed to attempting to prepare these documents yourself. Some attorneys may have very reasonable fees for preparing these simple documents, or you may specify how much you can spend and ask the attorney's office if they can prepare them within your spending limit. I have included below some information from a website that may be very useful to you in this regard:
A handwritten will may also be known as a holographic or olographic will. Some states recognize a handwritten will as valid even if it is not witnessed. In Minnesota, however, all wills must be in writing, signed by the testator and witnessed by at least two people who meet the minimum requirements for witnesses under Minnesota law. Without two witnesses, a handwritten will is not valid even if it is notarized, according to the Minnesota Probate Code.

Format
Minnesota law requires wills to be in writing, according to Minnesota Statutes Section 524.2-502. A Minnesota will may be typed or handwritten. The will must also be made by someone who is at least 18 years old, and has the mental capacity to understand that he has made a will and to whom it leaves his property.

Signing and Witnessing
The will must be signed by the testator, or person who made the will. If the testator is unable to sign his own will, he may instruct someone else to sign for him in his conscious presence, according to Minnesota Statues Section 524.2-502. Each of the two witnesses must sign the will after having either seen the testator sign it or witnessed the testator acknowledging that he had signed his own will. No Minnesota will is valid -- even if it is notarized -- without valid signatures from at least two witnesses.

Notarization
Having a Minnesota will notarized is not necessary to make the will valid, nor is it enough to make the will valid. However, a notarization is useful if you want to make a self-proving will. According to Minnesota Statutes Section 524.2-504, a will that includes notarized and sworn statements from the testator and witnesses is "self-proving," meaning that the probate court will accept it without requiring the witnesses to testify that they signed the will.

Exception
Minnesota does not have an exception for holographic wills, meaning that a handwritten will made in the state must still be witnessed to be valid. However, a Minnesota probate court may recognize a handwritten will that is not witnessed, if that will was made in a state that accepts holographic wills, according to Minnesota Statutes Section 524.2-506. In order to be valid, the out-of-state will must have been legally made under the laws in effect at the time it was made in the other state. If that other state required a handwritten will to be notarized, a Minnesota probate court will uphold that requirement.
LegalPro, Lawyer
Category: Family Law
Satisfied Customers: 589
Experience: 33 years experience in domestic relations and family law practice.
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