A lot of the pitfalls that plague wills and estate plans in La Crosse, Wisconsin, such as contests by beneficiaries who think they got the short end, could have been avoided if the will had been better-drafted in the first place.
The process of drafting and executing a will can be very simple with the average estate which has only a moderate amount of assets held in only a few locations (a couple bank accounts, a house, maybe a stock portfolio). This is also true if the decedent simply wants to give their property to a few immediate family members, without setting up an intricate trust arrangement.
However, even with "simple" wills, there are a few prevalent stumbling blocks that frequently make things far more difficult down the road. Fortunately with proper will preparation, most of them are easy to avoid, with the help of a good attorney in La Crosse, Wisconsin.
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 vitally, 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 La Crosse, Wisconsin
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.
But you should be aware that not all states permit holographic wills. In these states, you are still permitted to hand write your will if you so desire, but they must be accompanied by all the formalities required by the law of that state.
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. 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 La Crosse, Wisconsin Lawyer Help?
Because there are specific formalities which must be followed in drafting wills, it's always a good idea to seek the help of a La Crosse, Wisconsin 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.