Most of the issues that can pop up with wills in Hamilton, Montana, 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 huge 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.
But even if the will is comparatively simple, some preventable problems can derail the process. An experienced lawyer in Hamilton, Montana who specializes in wills and estate planning can help make sure that this doesn't happen to your will.
Most of the problems that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly complex, but they have to be followed to the letter if a will is to be valid. Usually, 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 Hamilton, Montana
If you need to make a will quickly, some states allow you to write a "holographic will." This is simply a will which the testator hand-writes. These types of wills don't need to be witnessed.
Holographic wills, assuming they're recognized, are interpreted very broadly. This gives them the best possible chance of actually being implemented, since they will rarely be invalidated on technicalities.
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 estate is fairly small, and the devises you wish to make aren't very complex, a holographic will can be a good option if they're valid in your state. Of course, it's never a bad idea to make a will with the assistance of a lawyer.
How Can A Hamilton, Montana Lawyer Help?
Because of the formalities that must accompany most wills, it might be prudent to have a Hamilton, Montana attorney help you draft it.