In San Carlos, 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 convoluted or particularly 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 if the will is comparatively simple, some problems which are very easy to avoid can still complicate the process. A brilliant San Carlos, California wills and trusts lawyer can help you avoid these problems.
Most of the dilemmas that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly complicated, but they have to be followed to the letter if a will is to be valid. Normally, wills have to be witnessed and signed by at least 2 people, and it must include a clear statement that the document is, in fact, a will. You should choose the witnesses carefully, because if they have any direct interest in the will, they won't count as valid witnesses.
Holographic Wills in San Carlos, California
In some (but certainly not all) states, "holographic wills" can sometimes be treated as valid wills. A holographic will is just a will that is written entirely in the testator's own handwriting. They do not need to be witnessed in order to be valid.
A holographic will, where they are authorized, will typically be interpreted liberally, to give effect to the testator's intent if at all possible.
You should, however, know that not all states authorize holographic wills. In such states, you can still hand write your will if you want, but all the formalities, such as witnesses, must be present.
Making a holographic will is rarely the ideal option. But it's sometimes the only option. If you find yourself suddenly needing to make a will, a holographic will is certainly an option, if they're recognized in your state. If possible, though, you should still talk with an attorney, who can review your holographic will and suggest any fixes that will make it easier to meet your goals.
How Can A San Carlos, California Lawyer Help?
Because of the formalities that must accompany most wills, it might be wise to have a San Carlos, California attorney help you draft it.