In San Juan, Texas there are many problems that can rear their heads, derailing the process of drafting or executing a will. Typical 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 frequently than they need to. A knowledgeable San Juan, Texas attorney can help you avoid these problems with careful will preparation.
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 truly intends the document to be a will. Additionally, the laws of most states require that wills be witnessed and signed by at least 2 neutral parties.
Holographic Wills in San Juan, Texas
If you need to make a will quickly, some states permit 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.
A holographic will, where they are permitted, will usually be interpreted liberally, to give effect to the testator's intent if at all possible.
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 state permits them, a holographic will might be a good way to go in some cases. For example, if you don't have an unusually large amount of money, and simply want to leave your assets to close family members, or even to a single person (such as a spouse), it probably wouldn't be a problem. However, even in cases like this, it's never a bad idea to make a will with the help of a lawyer.
How Can A San Juan, Texas Lawyer Help?
Because there are specific formalities which must be followed in drafting wills, it's always a good idea to seek the assistance of a San Juan, Texas 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.