Many of the pitfalls that sometimes come up with wills in Howell, Michigan, 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 doesn't contain a lot of money and property, and you only want to leave your assets to a few individuals, making a will can be pretty simple.

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 Howell, Michigan.

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 Howell, Michigan

In some states, you can make what is recognized 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.

Holographic wills are usually construed very broadly. Knowing that it was not written by an expert, a court will normally look at the common definition of words, and use other common-sense principles when it comes to interpreting a holographic will. This is necessary to avoid conflicts, and increase the chances that the testator's wishes are honored.

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 legitimate, it has to be accompanied by all the formalities (including witnesses) required for 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 Howell, Michigan Lawyer Help?

Because of the various required formalities that accompany a will, it's not a bad idea to have a seasoned Howell, Michigan attorney help you draft your will, even if it is relatively simple.