If you search “writing my will in Michigan,” you will be inundated with websites and software options for putting together a will all on your own. Some online tax preparation services even tack on the option to create your own will after you file your taxes! The endless options make it seem like a very straightforward process that anyone can do from the comfort of their couch, no lawyer necessary. But you’re probably wondering, is it really that easy?
You’re right to be skeptical about the process of putting together your own will with a form or software you find after one Google search. It’s unlikely that you are getting the protection you and your family really need and deserve. Let’s dive into a few of the problems that arise if you put together your own will–without the consultation of an experienced lawyer–and we’ll let you know how you can avoid those problems.
It May Not Be Legally Binding
The biggest issue that arises when someone makes their own will is that it is not legally binding. This leaves the next of kin in a sticky situation when they reach the probate court: the document they thought would provide the judge a roadmap for handling their loved one’s estate won’t actually help.
Each state has their own requirements for what exactly needs to go in the will, or what type of document is accepted. Fortunately, an experienced attorney will know exactly what is required by the state and can ensure that your will is legally binding.
You Don’t Know What Property to Include
Do you and other family members jointly own a cottage or vacation home? What do you do with your retirement accounts that don’t have a beneficiary listed? Is it necessary to list all your precious items, like wedding rings or collectibles that you want to pass on to your children?
Many people think that they don’t have a lot of assets, so they can easily name who should get what. What they may not realize is that not all assets can be gifted through a will. These problems often rise to the surface too late, which only draws out the process for those who are settling the estate.
Key Aspects May Be Missing
There are a few obvious things that should always be included on a will: a signature, witnesses, and dates. But incorrectly witnessed and unsigned wills happen all the time! People also often leave out vital parts, like who will be the executor, or properly dividing up their estate. If the court finds that these are missing, they are not likely to accept it.
How do I avoid making these mistakes?
The first time you do anything, you probably won’t do it perfectly. For most ventures, like cooking a new recipe or trying a new sport, that’s okay and expected. But for something as important as putting together your will and expressing your final wishes to your family, you don’t want any mistakes. That’s why it’s important to meet with a team who has done this countless times and can create a document that’s legally binding, distributes your property correctly, and isn’t missing a thing.
Striegle Law can personalize a will to your situation and ask questions that a will-building software would never consider. Save yourself the headache and worry of putting together your own will. Contact Striegle Law for your free consultation today.