Most of the issues that can pop up with wills in Lewisville, North Carolina, like challenges to the will's validity, can be avoided if the will is well-drafted in the first place.
The procedure of drafting and executing a will can be very simple with the average estate which has only a moderate amount of assets held in only a few locations (a couple bank accounts, a house, maybe a stock portfolio). This is also true if the decedent simply wants to give their property to a few immediate family members, without setting up an intricate trust arrangement.
Nonetheless, even with "simple" wills, there are a few prevalent stumbling blocks that frequently make things far more difficult down the road. Fortunately with proper will preparation, most of them are easy to avoid, with the help of a good attorney in Lewisville, North Carolina.
Many problems with wills can be caused by failing to follow the proper formalities. These requirements are not very intricate, but they need to be followed scrupulously. If not, the will might be found to be invalid. In almost every state, the will must be witnessed and signed by two disinterested parties, and must include a clear statement that the document is, in fact, a last will and testament.
Holographic Wills in Lewisville, North Carolina
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.
A holographic will, where they are permitted, will usually be interpreted liberally, to give effect to the testator's intent if at all possible.
But you should be aware that not all states permit holographic wills. In these states, you are still permitted to hand write your will if you so desire, but they must be accompanied by all the formalities necessary by the law of that state.
Making a holographic will is rarely the ideal option. But it's occasionally the only option. If you find yourself suddenly needing to make a will, a holographic will is definitely an option, if they're recognized in your state. If possible, though, you should still speak with an attorney, who can review your holographic will and suggest any fixes that will make it simpler to meet your goals.
How Can A Lewisville, North Carolina Lawyer Help?
Because there are specific formalities which must be followed in drafting wills, it's always a good idea to seek the guidance of a Lewisville, North Carolina 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.