If you want to create a will, making sure it is valid can prevent legal battles with your family members. Below is some information about this so you will not have to worry about what happens to your assets after you die.
Making Your Own Will
You can make a will completely on your own if you have a sound mind. This means you can hand-write your will or sit down in front of a computer and type it. Of course, you should always hand-write with a pen, but a computer is always better. Printed paper would last longer and be more durable than a handwritten will.
You only have to do two things to make the will legal. You must date and sign the will and must have two witnesses with you when you sign it. Depending on the state that you live in, the witnesses that watch you sign the will may not be able to be beneficiaries in the will.
Depending on the state you live in, it may not be required for anyone to witness your signing your will if it is handwritten. You need to check with your state laws about these things.
Notarizing Your Will
The will does not have to be notarized, but it is beneficial if you do so. Again, depending upon the state that you live in if you have an affidavit, which is a sworn statement, notarizing the will will make any court proceedings go much more easily for everyone. For example, one of your family members may go to court to prove the will is valid. If it is notarized, it would take the judge only a few seconds to determine that it is.
Going to Probate Court over a Handwritten Will
If you have a handwritten will, and it is very complicated or not legible, a probate judge will have to look at it. They would have a very hard time validating the will in a case like this if no witnesses were required at the signing of it.
If you have a lot of assets, you may have had to cross things out at times if you needed to make changes, and this can make things even more confusing. Probate court can be lengthy and very expensive, so make sure you do not make any of these mistakes with your will.
If you have any concerns or need help, contact a lawyer such as David R Webb Attorney to help you create your will.Share
4 November 2016
Like many people, I once found learning about law very intimidating. My brother went to law school and I remember glancing through a few of his books and wondering if I was actually reading English due to all of the legal jargon in them! However, when I ended up in a sticky legal situation due to accidentally breaking a small law I didn't know existed, I realized that I needed to learn more about the law, so I could make sure to follow it precisely in the future. My brother helped to break down some complicated legal concepts to me, and I have since been studying up online. I want to post what I have learned and continue to learn about law in the future on my new blog, so my knowledge cannot only help myself, but also help others!