Many of the complications that sometimes come up with wills in Michigan City, 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 huge 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 experienced lawyer in Michigan City, Indiana who specializes in wills and estate planning can help make sure that this doesn't happen to your will.
Most of the complications that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly perplexing, but they have to be followed to the letter if a will is to be valid. Usually, 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 Michigan City, Indiana
In some states, you can make what is known 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 allowed, will generally be interpreted liberally, to give effect to the testator's intent if at all possible.
You should, however, know that not all states allow 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.
If your state allows them, a holographic will might be a good way to go in some cases. For example, if you don't have an unusually large amount of money, and simply want to leave your assets to close family members, or even to a single person (such as a spouse), it probably wouldn't be a problem. However, even in cases like this, it's never a bad idea to make a will with the help of a lawyer.
How Can A Michigan City, Indiana Lawyer Help?
Because there are certain formalities which must be followed in drafting wills, it's always a good idea to seek the assistance of a Michigan City, Indiana 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.