In Hemet, California, many of the problems 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 perplexing 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 often than they need to. A reputable Hemet, California attorney can help you avoid these problems with careful 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 Hemet, California
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 Hemet, California Lawyer Help?
Because of the formalities that are required for most wills to be valid, it is usually a good idea to have a Hemet, California attorney help you make it, or at least go over it after you have written it, to make sure there aren't any problems with it.