Many of the problems that sometimes come up with wills in Luverne, Minnesota, 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 include a lot of money and property, and you only want to leave your assets to a few people, making a will can be pretty simple.
But be warned: even a relatively simple will can encounter problems in the drafting process, which can cause problems later on. An experienced Luverne, Minnesota lawyer will greatly reduce the chances of this happening, if they help you in the process of robust will preparation.
With most wills, certain formalities have to be followed in the drafting process or will preparation, or else the will might not be valid. In general, these formalities exist with the goal of making fraud more difficult. The requirements for a will to be valid are pretty simple, but it's still possible to make mistakes in attempting to follow them. Most vitally, you should know that a will must contain a provision stating that the person making it is of sound mind, and actually intends the document to be a will. Also, the laws of most states require that wills be witnessed and signed by at least 2 neutral parties.
Holographic Wills in Luverne, Minnesota
In some states, "holographic wills" are valid. 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 are typically construed very broadly. Knowing that it was not written by an expert, a court will usually 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 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 required by the laws of the state it is made in.
If your state recognizes them, a holographic will might be a reasonable option if you have a very small estate, and wish to make very simple devises. However, it is never a bad idea to at least have an attorney review your will for completeness and clarity, even if you aren't having the attorney draft it from scratch.
How Can A Luverne, Minnesota Lawyer Help?
Because of the formalities required in drafting wills, it's never a bad idea to have a good Luverne, Minnesota attorney help in making your will. Even if your will is quite simple, and you have all the formalities figured out, it's still easy to make mistakes without a good once-over by a professional.