In this informative video feature, estate attorney Paul Rabale digs into the complexities of creating a legally sound final will without the assistance of legal advice.
While many legal practitioners agree on the importance of professional help when drafting wills due to the possibility of invalidation due to errors, Paul Rabale attempts to provide thorough insights to individuals considering the self-drafted approach.
Many people are inclined to engage in the adventure of writing their wills. Paul Rabale’s goal in this quest remains consistent: to provide anyone who chooses this path with the necessary information to complete the process flawlessly.
The first step in creating a legally binding will is determining the critical nature of holographic or handwritten wills within one’s state’s jurisdiction.
If these forms are legally binding, creating a will becomes a matter of minutes if the directions below are followed. If such choices are not validated, the necessity of transcribing and notarizing the document to bestow legal standing arises.
After understanding the fundamental framework of a valid will, the essential decision to name beneficiaries for one’s estate and savings emerges.
The hypothetical testator, Will Writer, in Paul Rabale’s scenario, intends to leave his entire estate to his husband.
The will’s creator is also responsible for defining the division of assets if the spouse dies before their own. The goal in this situation is to evenly divide assets among two children, with a particular emphasis on naming Will Writer’s daughter, Wilhelmina Writer, as the entrusted executor of the testamentary instructions.
The route of creating Will Writer’s fictitious will begins with the following simple steps:
Put the complete date at the top of the document. Declare your full name clearly: “I, William Writer, now declare…” Confirm that the document is your testament.
Revoke all previous testamentary dispositions explicitly. Indicate who will receive your possessions: “I bequeath all my assets to…” If the original beneficiary dies, name an alternate beneficiary.
Outline the replacement beneficiary in case the secondary beneficiary dies before you. Determine who will be the executor of the will.
If the principal executor cannot perform their duties, appoint a backup executor.
Convey the executor’s autonomy, allowing them to act independently without depositing a bond. Add your signature at the bottom of the document.
You’ve successfully traversed the path of creating a legitimate and legally enforceable will by following these logical procedures. It is critical to understand that while drafting an essential will may appear simple, difficulties might arise based on specific circumstances.
Instances involving stepchildren, coerced heirs, dependents with special needs, or the desire to distribute assets precisely among several recipients are situations where it is essential to seek expert guidance from an experienced estate attorney. By taking this path, you ensure you will align precisely with your intentions.
