Most of the issues that can pop up with wills in Mount Vernon, Missouri, like challenges to the will's validity, can be avoided if the will is well-drafted in the first place.
If your estate does not have a large 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.
However even with "simple" wills, some easily-avoidable problems come up more commonly than they need to. A seasoned Mount Vernon, Missouri attorney can help you avoid these problems with careful 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 legitimate. In general, these formalities exist with the goal of making fraud more challenging. 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 notably, 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 Mount Vernon, Missouri
In some (but definitely not all) states, "holographic wills" can sometimes be treated as valid wills. A holographic will is just a will that is written exclusively in the testator's own handwriting. They do not need to be witnessed in order to be valid.
Assuming that a holographic will is valid in your state, a court will probably interpret it very liberally, acknowledging the fact that it likely wasn't written by a lawyer. This is to make it much easier to really give your wishes effect.
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 they are authorized in your states, a holographic will can be a good option, in some cases. If you do not have a massive amount of money and property that you want to pass on, and your devises are going to be very simple (regular gifts to just a few people), a holographic will can suffice. Nonetheless, you should seek the advice of a lawyer beforehand, and know that it is almost always a better option to have a will accompanied by all the required formalities.
How Can A Mount Vernon, Missouri Lawyer Help?
Because of the formalities that must accompany most wills, it might be wise to have a Mount Vernon, Missouri attorney help you draft it.
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