Many of the pitfalls that sometimes come up with wills in Emporia, Kansas, 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.
Drafting a will doesn't need to be a difficult 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.
Nonetheless, even with "simple" wills, there are a few frequent stumbling blocks that commonly make things far more difficult down the road. Luckily with proper will preparation, most of them are easy to avoid, with the help of a good attorney in Emporia, Kansas.
Most of the pitfalls that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly difficult, 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 cautiously, because if they have any direct interest in the will, they won't count as valid witnesses.
Holographic Wills in Emporia, Kansas
If you need to make a will quickly, some states authorize you to write a "holographic will." This is simply a will which the testator hand-writes. These types of wills don't need to be witnessed.
If holographic wills are valid in your state, courts will, as with any will, have to figure out what is really being said, and resolve ambiguities. Because holographic wills are not always written under ideal conditions, they have to be interpreted very liberally, so they can be given effect and not fail for technical reasons.
You should know that not all states recognize holographic wills. Of course, you could still handwrite your will if you desire; but to be legitimate, it would have to be accompanied by all of the formalities (witnesses being the big one) of any other will.
If your state authorizes them, a holographic will might be a good way to go in some cases. For instance, 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. Nonetheless, even in cases like this, it's never a bad idea to make a will with the help of a lawyer.
How Can A Emporia, Kansas Lawyer Help?
Because of the formalities that are required for most wills to be valid, it is normally a good idea to have an Emporia, Kansas 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.