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Probate and Estate Litigation Blog

Homemade wills can lead to probate litigation

Many Minnesotans may have seen or heard about kits that walk a person through the drafting of a will. While it is certainly one's personal choice whether or not to use these sorts of products, the resident of Saint Paul should be aware of the fact that homemade wills, even if the they save money upfront, can cause expensive will litigation down the road.

For example, those who offer a homemade will service may or may not take the specifics of Minnesota law into account. In some cases, not considering the requirements of the state of Minnesota can invalidate a will, meaning that it will be given no consideration in a probate court. At other times, missing an important detail, like whether there is a prior will that needs to be revoked, can cause a great deal of confusion that can end in litigation.

More importantly, however, homemade wills in many cases lack the clarity and the detail that many people will require if they want to make a will that all interested parties, at least on practical grounds, will have to accept. As through and as detailed as it may be, software and kits many times will not be able to offer the flexibility that is usually necessary to cover a person unique estate planning needs.

A homemade will may seem like a great way to ensure, for a good price, that families and loved ones receive their inheritance. However, this approach to making a will may well come back to bite a family in the backside should the family have to deal with avoidable litigation. Just the same, a person who is having legal difficulty because of a homemade will may wish to consult with an experienced probate litigation attorney.

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