Will Preparation in Escalon, California

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In Escalon, California, many of the dilemmas 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.

Drafting a will doesn't need to be a confusing or especially expensive process. If you have a small to moderate amount of assets (limited to a home, a car, and a few bank/investment accounts), and don't need to set up trusts or anything similar, you can probably have a will written in just a couple days, for a relatively small fee.

However even with "simple" wills, some easily-avoidable problems come up more frequently than they need to. A reliable Escalon, California attorney can help you avoid these problems with careful will preparation.

With most wills, certain formalities have to be followed in the drafting process or will preparation, or else the will might not be legitimate. In general, these formalities exist with the goal of making fraud more challenging. The requirements for a will to be valid are pretty simple, but it's still possible to make mistakes in attempting to follow them. Most especially, you should know that a will must contain a provision stating that the person making it is of sound mind, and truly intends the document to be a will. Additionally, the laws of most states require that wills be witnessed and signed by at least 2 neutral parties.

Holographic Wills in Escalon, California

If you need to make a will quickly, some states permit you to write a "holographic will." This is simply a will which the testator hand-writes. These types of wills don't need to be witnessed.

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 truly give your wishes effect.

You should know, however, that holographic wills aren't recognized in many states. If you live in one of these states, you're still free to hand write your will, but, in order to be valid, it must be accompanied by all the formalities necessary by the laws of the state it is made in.

If your estate is fairly small, and the devises you wish to make aren't very complicated, 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 Escalon, California Lawyer Help?

Because there are specific formalities which must be followed in drafting wills, it's always a good idea to seek the guidance of a Escalon, California 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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