Many of the issues that sometimes come up with wills in Merrillville, Indiana, 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.
But even if the will is relatively simple, some preventable problems can derail the process. An efficient lawyer in Merrillville, Indiana who specializes in wills and estate planning can help make sure that this doesn't happen to your will.
Most of the issues that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly confusing, but they have to be followed to the letter if a will is to be valid. Typically, 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 Merrillville, Indiana
In some states, you can make what is identified as a "holographic will." This is simply a will which is handwritten, in the testator's own handwriting. They do not need to be witnessed in order to be valid.
A holographic will, where they are permitted, will usually be interpreted liberally, to give effect to the testator's intent if at all possible.
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 valid, it has to be accompanied by all the formalities (including witnesses) needed for any other will.
If they are permitted in your states, a holographic will can be a good option, in some cases. If you do not have a considerable amount of money and property that you want to pass on, and your devises are going to be very simple (regular gifts to just a few people), a holographic will can suffice. However, you should seek the advice of a lawyer beforehand, and know that it is almost always a better option to have a will accompanied by all the required formalities.
How Can A Merrillville, Indiana Lawyer Help?
Because of the various required formalities that accompany a will, it's not a bad idea to have a knowledgeable Merrillville, Indiana attorney help you draft your will, even if it is relatively simple.