Most of the issues that can pop up with wills in Starkville, Mississippi, 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.

Nonetheless, even if the will is comparatively simple, some problems which are very easy to avoid can still complicate the process. A seasoned Starkville, Mississippi wills and trusts lawyer can help you avoid these problems.

A considerable percentage of the problems that prevent wills from taking effect are caused by failing to follow the required formalities in will preparation. In most states, wills need to be witnessed and signed by at least two people who have no direct interest in the matter. They further have to include a clear written statement that the document is, in fact, the testator's will. It also has to be witnessed by at least two people. Witnesses cannot be anyone who has a direct interest in the will, which encompasses close relatives of the testator and anyone who's named in the will.

Holographic Wills in Starkville, Mississippi

In some states, "holographic wills" are legitimate. 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.

A holographic will, where they are authorized, will typically be interpreted liberally, to give effect to the testator's intent if at all possible.

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 necessary by the laws of the state it is made in.

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 Starkville, Mississippi Lawyer Help?

Because there are particular formalities which must be followed in drafting wills, it's always a good idea to seek the advice of a Starkville, Mississippi attorney in drafting your will. Even if your will is going to be very simple, and you have the formalities all figured out, mistakes can be made.