In Carrollton, Texas there are several problems that can rear their heads, derailing the process of drafting or executing a will. Frequent examples include ambiguities in the language of the will, leading to conflicts and challenges. Most of these issues can be staved off through quality drafting.
Drafting a will doesn't need to be a convoluted or particularly expensive process. If you have a small to moderate amount of assets (limited to a home, a car, and a few bank/investment accounts), and don't need to set up trusts or anything similar, you can probably have a will written in just a couple days, for a relatively small fee.
But even if the will is relatively simple, some preventable problems can derail the process. An accomplished lawyer in Carrollton, Texas who specializes in wills and estate planning can help make sure that this doesn't happen to your will.
Most of the issues that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly confusing, but they have to be followed to the letter if a will is to be valid. Normally, 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 carefully, because if they have any direct interest in the will, they won't count as valid witnesses.
Holographic Wills in Carrollton, Texas
In some states, testators are authorized to make "holographic wills." This is a will which the testator hand-writes, in his or her own handwriting. Such wills do not need to have any witnesses to be given effect.
Holographic wills, assuming they're recognized, are interpreted very broadly. This gives them the best possible chance of really being implemented, since they will rarely be invalidated on technicalities.
You should, however, know that not all states authorize holographic wills. In such states, you can still hand write your will if you want, but all the formalities, such as witnesses, must be present.
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. However, 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 Carrollton, Texas Lawyer Help?
Because of the formalities required in drafting wills, it's never a bad idea to have a brilliant Carrollton, Texas 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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