Draft a Will in Kalispell and Missoula
One of the most frequent questions clients ask Brian is whether or not a Will is valid. Ensuring that all of the requirements for a valid Will are met can be difficult, so it is important to have a lawyer help with Will preparation so that no requirements are omitted. A few of the basic requirements of a valid Will include:
- The testator (the person making the Will) must be 18 years of age.
- The testator must be competent to make the Will.
- Required signatures (see below) must appear on the Will.
The form of the Will is also important. A Will can be either:
- Typewritten: More formal Wills can be typewritten, but must still be signed by the testator. This testator must sign the Will in the presence of two witnesses, and the witnesses must then sign the Will.
- Handwritten: This type of Will is often called a holographic Will. Although these Wills are occasionally valid, if you try to make your own handwritten Will, there are no guarantees that it would be enforced when you pass away. Because each state has its own requirements for handwritten wills, and these requirements change often, this type of Will is exceptionally difficult to use in the probate process. It is better to have a typewritten Will whenever possible, and to have an attorney involved to ensure the validity of the Will.
Clients occasionally ask Brian about Will contests. In these situations, one person is upset with the terms of the Will and wants to challenge the Will in court. Brian makes sure that his clients know the consequences that follow a failed Will contest — in both Montana and Nevada, the losing party must pay all expenses of the contest for both sides.
Contact the Firm
Tanko Law Office maintains flexible hours to accommodate its clients in both Montana and Nevada. Call 406-257-3711 or use the online contact form to schedule a free initial consultation at a time that is convenient for you.