In San Marcos, Texas there are numerous 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 contain a lot of money and property, and you only want to leave your assets to a few individuals, making a will can be pretty simple.
However even with "simple" wills, some easily-avoidable problems come up more frequently than they need to. A reliable San Marcos, 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 legitimate. In general, these formalities exist with the goal of making fraud more challenging. 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 notably, 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 Marcos, 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 legitimate, it has to be accompanied by all the formalities (including witnesses) required for any other will.
If they are permitted in your states, a holographic will can be a good option, in some cases. If you do not have a considerable 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. Nonetheless, 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 San Marcos, Texas Lawyer Help?
Because of the various required formalities that accompany a will, it's not a bad idea to have a reliable San Marcos, Texas attorney help you draft your will, even if it is relatively simple.