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Let's talk Wills in Colorado (Part 3)

How is a will created?

A will must be in writing and signed by the testator.  If the testator is physically unble to sign his will, another person can sign the will on behalf of the testator, with the testator's permission.  Colorado law requires that if another person is signing for the testator, the person can only do so if the testator gives that person permission and the person signs the document in the physical and conscious presence of the testator.

An attorney often creates a typed will for a client, with two witnesses and/or a notary public to witness the testator's signature.  Colorado does recognize holographic wills, which are wills written and signed in the testator's own handwriting.  Holographic wills are not required to have the signature of witnesses or a notary public.  However, you should be careful about creating your own will.  Wills that are created without the advice of an attorney are frequesntly found to be confusing or insufficient, which may cause delay, expense or litigation.   It is important to understand how your assets are titled and what your estate planning options are before you create a will on your own.

(This is not inteded to be legal advice and  is only informational)

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