A lot of the pitfalls that plague wills and estate plans in Weirton, West Virginia, 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 procedure 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 a complicated trust arrangement.

Nonetheless, even if the will is comparatively simple, some problems which are very easy to avoid can still complicate the process. A seasoned Weirton, West Virginia wills and trusts lawyer can help you avoid these problems.

Many problems with wills can be caused by failing to follow the required formalities. These requirements are not very complicated, but they need to be followed scrupulously. If not, the will might be found to be invalid. In almost every state, the will must be witnessed and signed by two disinterested parties, and must include a clear statement that the document is, in fact, a last will and testament.

Holographic Wills in Weirton, West Virginia

In some states, testators are authorized to make "holographic wills." This is a will which the testator hand-writes, in his or her own handwriting. Such wills do not need to have any witnesses to be given effect.

Assuming that a holographic will is valid in your state, a court will probably interpret it very liberally, acknowledging the fact that it likely wasn't written by a lawyer. This is to make it much easier to really give your wishes effect.

But you should be aware that not all states authorize holographic wills. In these states, you are still authorized to hand write your will if you so desire, but they must be accompanied by all the formalities necessary by the law of that state.

If your state recognizes them, a holographic will might be a good option if you have a very small estate, and wish to make very simple devises. Nonetheless, it is never a bad idea to at least have an attorney review your will for completeness and clarity, even if you aren't having the attorney draft it from scratch.

How Can A Weirton, West Virginia Lawyer Help?

Because of the formalities that are required for most wills to be valid, it is normally a good idea to have a Weirton, West Virginia 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.