In Edinburg, Texas there are many problems that can rear their heads, derailing the process of drafting or executing a will. Common 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 complicated 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 experienced lawyer in Edinburg, Texas who specializes in wills and estate planning can help make sure that this doesn't happen to your will.
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 actually intends the document to be a will. Also, the laws of most states require that wills be witnessed and signed by at least 2 neutral parties.
Holographic Wills in Edinburg, Texas
In some states, "holographic wills" are valid. 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.
Holographic wills are typically construed very broadly. Knowing that it was not written by an expert, a court will usually look at the common definition of words, and use other common-sense principles when it comes to interpreting a holographic will. This is necessary to avoid conflicts, and increase the chances that the testator's wishes are honored.
You should know that not all states recognize holographic wills. Of course, you could still handwrite your will if you desire; but to be valid, it would have to be accompanied by all of the formalities (witnesses being the big one) of any other will.
Making a holographic will is rarely the ideal option. But it's sometimes the only option. If you find yourself suddenly needing to make a will, a holographic will is certainly an option, if they're recognized in your state. If possible, though, you should still consult with an attorney, who can review your holographic will and suggest any fixes that will make it easier to meet your goals.
How Can A Edinburg, Texas Lawyer Help?
Because of the various required formalities that accompany a will, it's not a bad idea to have a good Edinburg, Texas attorney help you draft your will, even if it is relatively simple.