Estate planning could involve a significant amount of work, but ensuring that a will features clear details and lacks omissions could make executing the documents easier for all involved. Even people with the best intentions make mistakes, however. Errors may lead heirs into Indiana court to address problems, likely contributing to more stress after a loved one’s passing. Unfortunately, many people make the potentially disastrous mistake of either not planning or attempting to draw up a do-it-yourself will.
The matter of intestate laws
When someone dies without a will, the estate’s assets will undergo distribution based on state law. Indiana law takes the surviving spouse, parents and children into consideration and establishes who receives a percentage of the estate.
Persons who want control over the way their assets will be distributed need to write a will. Perhaps the most significant mistake someone could make involves not writing a will in the first place. In addition, how someone draws up a will could factor into the proper distribution of assets.
Problems with unprofessional, do-it-yourself wills
Legally, it may be possible to submit a handwritten will to the probate court. Some people who wish to avoid working with an attorney may want to draw up a will but prefer to create a professional-looking document. Taking a blank form from an internet source and completing a template is common, but such documents could come with problems.
An improperly signed will that features disorganized content and confusing, ambiguous language might prove difficult to uphold during probate. One party may contest the will, creating a situation that the decedent wanted to avoid.
Exploring professional estate planning with an estate law attorney may result in a much clearer will that stands up to any challenges. An attorney may help their client ensure that eventual probate proceedings occur without any mistakes.