Will Preparation in Thomasville, Alabama

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In Thomasville, Alabama, many of the pitfalls that sometimes come with a will, such as would-be beneficiaries challenging its validity, or devises which don't make it clear who gets what (resulting in costly and time-consuming litigation) can be avoided if the will is well-drafted in the first place.

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.

Nonetheless, even if the will is comparatively simple, some problems which are very easy to avoid can still complicate the process. A reputable Thomasville, Alabama wills and trusts lawyer can help you avoid these problems.

Many problems with wills are due to some of the standard formalities not being followed. The formalities incorporated in drafting and executing a will are not particularly convoluted, but they must be scrupulously followed. Otherwise, the will might not be given effect. In most states, the will must include some clear statement that the document is, in fact, the last will and testament of the person making it. It usually must also be witnessed and signed by at least 2 people who do not have any stake in the will.

Holographic Wills in Thomasville, Alabama

In some (but definitely not all) states, "holographic wills" can sometimes be treated as valid wills. A holographic will is just a will that is written exclusively in the testator's own handwriting. They do not need to be witnessed in order to be valid.

Holographic wills, assuming they're recognized, are interpreted very broadly. This gives them the best possible chance of actually being implemented, since they will rarely be invalidated on technicalities.

You should be aware that not all states recognize holographic wills. In such states, you can of course still handwrite your will if you want. But for the will to be legitimate, it has to be accompanied by all the formalities (including witnesses) required for any other will.

If your estate is fairly small, and the devises you wish to make aren't very difficult, a holographic will can be a good option if they're valid in your state. Of course, it's never a bad idea to make a will with the assistance of a lawyer.

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How Can A Thomasville, Alabama Lawyer Help?

Because there are certain formalities which must be followed in drafting wills, it's always a good idea to seek the advice of a Thomasville, Alabama attorney in drafting your will. Even if your will is going to be very simple, and you have the formalities all figured out, mistakes can be made.

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