In Muleshoe, 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.
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.
But even with "simple" wills, some easily-avoidable problems come up more often than they need to. A good Muleshoe, Texas attorney can help you avoid these problems with careful will preparation.
Many problems with wills are due to some of the required formalities not being followed. The formalities involved in drafting and executing a will are not particularly complicated, but they must be scrupulously followed. Otherwise, the will might not be given effect. In most states, the will must include some clear statement that the document is, in fact, the last will and testament of the person making it. It usually must also be witnessed and signed by at least 2 people who do not have any stake in the will.
Holographic Wills in Muleshoe, Texas
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.
If holographic wills are valid in your state, courts will, as with any will, have to figure out what is actually being said, and resolve ambiguities. Because holographic wills are not always written under ideal conditions, they have to be interpreted very liberally, so they can be given effect and not fail for technical reasons.
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 valid, it has to be accompanied by all the formalities (including witnesses) needed for any other will.
If your estate is relatively 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 Muleshoe, Texas Lawyer Help?
Because of the formalities that are required for most wills to be valid, it is usually a good idea to have a Muleshoe, Texas attorney help you make it, or at least go over it after you have written it, to make sure there aren't any problems with it.