Many of the pitfalls that sometimes come up with wills in Mankato, 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 pitfalls in the drafting process, which can cause problems later on. An accomplished Mankato, 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 importantly, you should know that a will must contain a provision stating that the person making it is of sound mind, and really intends the document to be a will. Furthermore, the laws of most states require that wills be witnessed and signed by at least 2 neutral parties.
Holographic Wills in Mankato, 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.
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 valid, 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 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 Mankato, Minnesota Lawyer Help?
Because of the formalities required in drafting wills, it's never a bad idea to have a brilliant Mankato, 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.