An estate plan is only effective if it adheres to state laws. For this reason, you must prepare the document according to the stipulated law requirements. Usually, the court will bar the implementation of a faulty will. Besides that, the probate judge might distribute the assets against your wishes, denying some heirs an opportunity to inherit what you had allocated to them.
The best way to create a legally binding will is by working with an experienced legal practitioner. They will help you create a valid document and amend it when necessary. This guide shares common mistakes that invalidate a will.
Including the Wrong Information or Committing Fraud
Your will must contain factual information to make it legal. That includes your official names, the official names of all your heirs, and your relationship with them. Failure to include this information or providing the wrong data can make your will legally void.
Besides, making fraudulent mistakes can make the court nullify the document. For example, if one of your family members forced you to create or amend your will, the court can dismiss the document. Similarly, the court could consider your estate plan illegal if someone tricked you into signing it for their personal gain.
Your lawyer will help you avoid these errors by ensuring that you include the right information in your document. They will confirm that the details on the estate plan reflect what you would like the executor to implement. In addition to creating a perfect document, they'll ensure all amendments are accurate.
Failing to Offer Proper Guidelines
When drafting a will, you ought to appoint a person to manage your estate. In addition, you have to name an executor to carry out the will's instructions. You should also indicate that only the final draft should be implemented. Failure to offer proper guidelines might confuse the beneficiaries, leading to court battles. The advantage of working with an attorney is that they will ensure you provide clear instructions in the document to avoid confusion later.
The two errors above can easily invalidate your will, forcing your loved ones to wait longer to inherit the property. Besides, a wrongly drafted will could make some of your relatives receive a lesser share if the court takes over the estate distribution. The best way to avoid the mistakes is by working with an estate planning lawyer. They will guide you when creating and amending the document, and ensure that you include the relevant information.
Reach out to a firm like Wright Law Offices, PLLC to learn more.