In Scranton, Pennsylvania there are various problems that can rear their heads, derailing the process of drafting or executing a will. Common examples include ambiguities in the language of the will, leading to conflicts and challenges. Most of these issues can be staved off through quality drafting.
The procedure of drafting and executing a will can be very simple with the average estate which has only a moderate amount of assets held in only a few locations (a couple bank accounts, a house, maybe a stock portfolio). This is also true if the decedent simply wants to give their property to a few immediate family members, without setting up a complex trust arrangement.
But be warned: even a comparatively simple will can encounter delays in the drafting process, which can cause problems later on. An experienced Scranton, Pennsylvania lawyer will considerably reduce the chances of this happening, if they help you in the process of robust will preparation.
A significant percentage of the problems that prevent wills from taking effect are caused by failing to follow the required formalities in will preparation. In most states, wills need to be witnessed and signed by at least two people who have no direct interest in the matter. They further have to include a clear written statement that the document is, in fact, the testator's will. It also has to be witnessed by at least two people. Witnesses cannot be anyone who has a direct interest in the will, which encompasses close relatives of the testator and anyone who's named in the will.
Holographic Wills in Scranton, Pennsylvania
In some states, testators are allowed to make "holographic wills." This is a will which the testator hand-writes, in his or her own handwriting. Such wills do not need to have any witnesses to be given effect.
Assuming that a holographic will is valid in your state, a court will probably interpret it very liberally, acknowledging the fact that it likely wasn't written by a lawyer. This is to make it much easier to actually give your wishes effect.
But you should be aware that not all states allow holographic wills. In these states, you are still allowed to hand write your will if you so desire, but they must be accompanied by all the formalities necessary by the law of that state.
If your state recognizes them, a holographic will might be a good option if you have a very small estate, and wish to make very simple devises. Nonetheless, it is never a bad idea to at least have an attorney review your will for completeness and clarity, even if you aren't having the attorney draft it from scratch.
How Can A Scranton, Pennsylvania Lawyer Help?
Because of the formalities required in drafting wills, it's never a bad idea to have a reputable Scranton, Pennsylvania attorney help in making your will. Even if your will is quite simple, and you have all the formalities figured out, it's still easy to make mistakes without a good once-over by a professional.
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