Many of the problems that sometimes come up with wills in Winnebago County, Illinois, such as contests brought by would-be beneficiaries, or devises which aren't clear on what they mean, can be avoided if the will is properly drafted in the first place.
If your estate does not have a massive amount of assets, your assets are limited to cash and personal belongings, and you wish to leave all your property to your immediate family and friends, the process of drafting your will is likely to be fairly simple.
Nonetheless, even if the will is comparatively simple, some problems which are very easy to avoid can still complicate the process. A reliable Winnebago County, Illinois wills and trusts lawyer can help you avoid these problems.
Many problems with wills can be caused by failing to follow the proper formalities. These requirements are not very intricate, but they need to be followed scrupulously. If not, the will might be found to be invalid. In almost every state, the will must be witnessed and signed by two disinterested parties, and must include a clear statement that the document is, in fact, a last will and testament.
Holographic Wills in Winnebago County, Illinois
In some states, "holographic wills" are legitimate. A holographic will is written by hand, in the testator's own handwriting. Such will do not need to have any witnesses to be valid.
Holographic wills, assuming they're recognized, are interpreted very broadly. This gives them the best possible chance of truly being implemented, since they will rarely be invalidated on technicalities.
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 complex, 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.
How Can A Winnebago County, Illinois 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 Winnebago County, Illinois 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.