Hablamos Español
A will is simply a document that describes exactly how you want your estate divided up upon your passing. Additionally, a will is a document you use to nominate who you would like to administrator state and nominate guardians of your children.
Everyone needs a will. Even if you have a living trust or a revocable inter vivos trust you need a will to place any additional assets into your trust if they have been left out of your trust.
If you die without a will, it is called intestate. When someone dies intestate, the California probate estate must be administered, distributing his or her property. Their assets will go to the deceased’s closest relatives under California’s intestate success laws.
What should be addressed in your will is how you wish for your property to be divided and who should receive your property. You should also receive the property. You should select who will be the person you trust to administer your estate and whether or not they should post a bond. Finally, you should address who you want to be the guardian of your minor children.
The only thing that really cannot be included in a will is illegal things to be done.
A will does not address incapacitation, that would be done through an inter vivos trust coupled with a durable power of attorney and an advanced health care directive.
No, a will does not address medical issues, medical issues would be addressed in an advanced health care directive.
People should check on their will every 5 to 10 years to make sure that no provisions have changed. Additionally, any major life changes such as a divorce, a marriage, acquiring and selling properties, and any other major change in someone’s life they should review their will or their estate plan and make sure it is up to date.
The necessary parties involved in creating a will or the testator, that is the person creating the will, and their attorney.
When someone with a will passes away, a probate is opened and the original will is lodged with the court. The process for probate includes notifying all of the beneficiaries or heirs, all of the creditors, publishing notice in the newspaper, the appointment of an administrator, obtaining an inventory and appraisal by a probate referee, paying all of the expenses and allowed claims, and distributing funds to the heirs.
I’ve heard a safe deposit box is not the best idea. A will should be stored in a safe place, safe deposit boxes are generally inaccessible by other parties upon the passing of a person. The best place to keep a copy of your will or the original is in your attorney’s office, and let your loved ones know where to get a copy of it upon your demise.
Creating a will is fairly inexpensive and it takes anywhere from a couple of hours to a couple of weeks depending on the complexity.
The law firm of Cianchetta and Associates is uniquely situated to assist people in their estate plans because we are involved in all aspects of ordinary persons finances. We understand the heartbreak of bankruptcy the joys of property ownership, business organizations, contracts, buying and selling properties and businesses, and have administered many estates and trusts.
For more information on A Will In Estate Planning In California, a consultation with an experienced California Will Lawyer is your next best step. Get the information and legal answers you are seeking by calling (916) 685-7878 or by filling out our convenient online contact form today.
Mr. Cianchetta is an OUTSTANDING attorney. I was a little nervous about seeing an attorney for my case. Mr. Cianchetta and his staff made my wife and I feel right at ease. He took extra time explaining what to expect before, during and after our process. His advice was right on!
- Jack M.
