Building Legacies that Last Estate Planning and Elder Law

Why Homemade Wills Do Not Work

Young man holding a trash binDrafting your own will or using a form that you purchased online to create a will, might seem like a good idea that will save you money. However, those wills often fail to do much more than create large legal bills in probate.

Wills often sound like simple legal documents. In a sense, they are. They are just a legal way to write down who gets your possessions after you pass away.

When it comes to estate planning generally, wills are among the simplest ways to express your parting wishes. However, the truth is that wills are only simple from an estate planning attorney’s perspective. They are not so simple that anyone can just write their own wills or purchase a form online to fill in and use as a will.

Those homemade wills do not always work very well for a variety of reasons, as the Huntsville Item explains in “A humorous look at the danger of homemade wills.”

Some homemade wills do not work for very simple reasons of formalities. In most states, executing a will requires that a specific number of people be present to witness the will being signed.

People who create their own wills often fail to either have the right number of people present or they do not leave any indication of how a court can contact the witnesses, if necessary.

Other homemade wills do not work for less technical reasons. The directions in these wills are often contradictory or impossible to carry out.

Getting a will does not have to be a complicated process but it should begin with hiring an estate planning attorney.

Reference: Huntsville Item (Nov. 27, 2016) “A humorous look at the danger of homemade wills.”

 

What Happens When a Will is Lost In Maryland?

Bigstock-Couple-running-bookshop-13904324[1]Some states require that an original will be submitted to probate or restrict the circumstances when a copy can be produced instead. What happens when the original will has been lost? Maryland and the District of Columbia require originals.

It is always a good idea to keep the original copy of your will safe and secure. In some states the original has to be produced for the will to be used in probate. In other states the original might not always be necessary, but the circumstances when a copy of the will can be used are restricted.

For this reason, many people choose to have their lawyers keep the original copy of the will. When they pass away, the attorneys can then produce the original will.

In a recent Napa Valley Register column entitled "Is lost will still valid?," a couple wrote in to ask what would happen to their will. They left it with the attorney who drafted it for them. The attorney, however, had retired and the couple had no idea what happened to their will or how to find the attorney to ask.

While the advice given was specific to California, it is generally good advice anywhere in the U.S. in this type of situation.

Attorneys are required to keep their files even after they retire. The normal practice is to have another attorney take care of the client files and to inform the state bar association of the arrangement.

Therefore, this couple should call the bar association and make inquiries. If that does not produce the whereabouts of the will, the couple can always get a new will.

Reference: Napa Valley Register (Sept. 8, 2016) "Is lost will still valid?".