Most of the problems that can pop up with wills in Rome, New York, like challenges to the will's validity, can be avoided if the will is well-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.
However, even with "simple" wills, there are a few frequent stumbling blocks that commonly make things far more difficult down the road. Luckily with proper will preparation, most of them are easy to avoid, with the help of a good attorney in Rome, New York.
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 Rome, New York
If you need to make a will quickly, some states authorize 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.
Assuming that a holographic will is valid in your state, a court will probably interpret it very liberally, acknowledging the fact that it probably wasn't written by a lawyer. This is to make it much easier to really give your wishes effect.
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 required by the laws of the state it is made in.
If your state recognizes them, a holographic will might be a reasonable option if you have a very small estate, and wish to make very simple devises. However, it is never a bad idea to at least have an attorney review your will for completeness and clarity, even if you aren't having the attorney draft it from scratch.
How Can A Rome, New York Lawyer Help?
Because of the formalities required in drafting wills, it's never a bad idea to have a brilliant Rome, New York 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.
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