Creating a will is an important step in life by ensuring the future security of your assets and your posterity. It is an essential tool in allocating your possessions by appointing the beneficiaries you see fit to receive them.
Can you write a will without a lawyer in Indiana?
There are a few ways to draft a will in Indianapolis. While it is not necessary to hire legal counsel to create your will, there are several key points to address in the writing of one to ensure legality. It’s not quite as simple as writing down a check list and signing on the dotted line, but it doesn’t have to be complex either.
- First and foremost, figure out what you would like to include in your will such as assets, this can be property or financial accounts; at the time of drafting the will deem if there are any minor children for which you may need to appoint a legal guardian, and you can even appoint who gets to take care of your pets (they are considered as property in Indiana.)
- There are some websites that will outline what needs to be done so you can create your own will without the help of an attorney, however that does require you to do all the legwork and ensure the full completion of your will. Generally, if you have a quality relationship with your family members and don’t anticipate any family feuding in the future you could be fine doing a will on your own.
- In some situations, there are family dynamics that may prevent you from completing your own will. When it comes to your property, your inheritance and the well-being of those around you, it is smart to spend a bit more time researching to do things the right way. If you anticipate any family members contesting the validity of your final will and testament, it may be wise to consult with a lawyer to ensure the valid execution of the document.
Does a will in Indiana need to be notarized?
For a will to be considered legally valid in the state of Indiana, it does have to present the use of legal language and cater to the state’s laws. Once written and all details completed, it must be notarized, signed and witnessed by at least two individuals.
- It’s important to remember the witnesses cannot be any person that is named within your will or set to inherit anything from you. This final step is vital in the execution of the will.
Do wills have to be filed with the court in Indiana?
Wills do not need to be filed with the courts to be considered valid. However, the executor of the will does need to submit the document to probate court in order to validate the will and begin the distribution of the assets.
- Since it does not get filed with a government entity at the time of signing, it’s smart to inform a trusted individual where you are keeping your will so it may be quickly and easily recovered when necessary.
When should I reach out to a lawyer?
It’s best to consult with a professional and speak with a lawyer if you have excessive assets, own a business, or otherwise have rocky family dynamics that may one day lead family members to contest your final will. A lawyer can ease the process by drafting your will, putting together the paperwork and guaranteeing the validity of it.
- Consulting with an experienced lawyer and educating yourself on the proper execution of a will can only benefit you in the long run. In situations like these going through the proper channels is the best way to go.
In Indiana, it is not mandatory to have a will, but it is a good way to make sure your wishes are honored in distributing your property and assets after death. Spend your time learning the legally correct ways of drafting and completing a will in Indianapolis to avoid any potential damage in the future. If you wish to consult an experienced attorney, contact our office to schedule a legal consultation. Contact us online at Contact Us | The Law Offices of Eugene Mogilevsky (egmlegal.com) or call us at (317) 743-7958.
Disclaimer: This blog post is for educational and informational purposes only and is not to be taken as legal advice in any capacity. Reading this blog does not constitute or establish an attorney-client relationship.