Do I Need Witnesses to Execute My Will?
Yes, two witnesses are a necessity when you are creating a will in Iowa. These witnesses need to be 16 years of age or older. They also should not be able to inherit anything as a part of your will. This can reduce the chances of conflict later.
The witnesses need to be there because that protects you, the person writing the will. Some people try to manipulate people near the end of their lives. They can make they write or edit a will, making the terms more favorable toward them. The requirement for witnesses can make this type of malfeasance less likely.
Should I Hire a Lawyer?
We do recommend hiring a lawyer when you write a will. Not only will our attorneys ensure that your will is legally binding, but we can also help you with the rest of your estate plan. Even if you do not consider yourself seriously wealthy, you can soon find yourself overwhelmed as you try and account for all of your assets and try to make a fair plan for all of your beneficiaries. Let us handle the paperwork and we can save your family a lot of stress and time later on.
Can My Will Be Challenged Even If I Had Witnesses?
Having witnesses does not offer complete protection against challenges unfortunately. Someone can still try to challenge your will after you pass away. There is not much that you can do about this, but ensuring that your estate plan is complete and that everything has been done in a legal way can help. This should make it harder for anyone to try and misinterpret your last wishes.
What Happens If I Don’t Have a Will?
If you do not have a will or your will was not made in accordance with state legal requirements, you would pass away “intestate.” This would mean that the court would be required to pass down your assets to your closest family members through the probate process. This can take a lot of time and cost your family or estate money in court fees, and after all of this your assets may not end up where you wanted them to. This is why making a will should be a priority.
Contact Our Law Firm Today
When you are ready to make an estate plan, don’t go it alone. Let our experienced attorneys help you. Contact Herting Law, PLLC and learn more about our services and how we can minimize stress for your family by helping you create a legally binding will and estate plan.