The exact wording of your will is important, so writing your own will is often not a good idea. What you leave out of your will can be just as significant as what your will says. Even if you use a will preparation kit or preprinted forms, there might be problems with the language of your will.
Wording is important because a court will interpret the instructions in the will by its legal language. If you leave all of your personal property to a friend, and the rest of your estate to your parents, all your parents will receive only any real estate that you own. Your friend will inherit any bank accounts, retirement accounts or other financial accounts. These are considered personal property when it comes to an estate. In order to ensure that only your coin collection and clothes go to your friend, you have to specify that the friend will only get tangible personal property.
By simply leaving out one word, you change the meaning of the language and possibly leave assets to someone that you did not intend to. Of course, the will can be contested if the meaning is not clear, but a great deal of the estate you are leaving will be eaten up by fees if your will has to be contested.
Most do-it-yourself will kits are flawed, and this could cause major problems for your loved ones after your death. There is a reason why wills written by attorneys are much more detailed than prepackaged ones. When an attorney writes a will, they ensure that there are no loopholes and that the language is clear enough to protect their client’s intent. When you write your own will, chances are that you will be more focused on the items and people you are including in your will rather than the language.
To protect your loved ones after you die, it is important that you seek the services of an experienced estate planning attorney. An attorney will ensure that your will is legally binding and that the language in the will is clear and concise.
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