Writing A Will In California

What Is A Will? One of the most fundamental and essential components of an estate plan is a will. A will is a statement to the court instructing the judge as to how you wish the court to handle your wealth, property, and other affairs after you’re gone. Suppose you die without a will in California (the legal term is dying “intestate”). In that case, the court will divide any assets in your name among your surviving family members according to state law, without regard to your wishes. A will names the beneficiaries who will receive your assets—property, wealth, business interests, and so on—in the event of your death. In addition, it allows you to designate an executor: a person who will represent your interests in court, take care of your taxes and outstanding debt, appoint someone as the guardian or custodian of any minor children, and ensure that your assets get distributed according to your wishes. Who Can Write A Will In California In California, any individual over the age of 18 who is of sound mind can make a will. You can use a will to distribute the entirety of your own separate property as well as, if you’re married, one-half of any community property you possess. In order to be valid, the will must be in writing (handwritten, typewritten, or printed). It should also have a signature and date by the testator—the person making the document (that’s you)—and contain the signatures of two adult witnesses. It is advisable to have an attorney assist with preparing your will to ensure that it clearly expresses your intentions and desires in precise legal terms. Legal terminology for a handwritten will is a “holographic” will. California residents also have the opportunity to submit a statutory will. The statutory will is the simplest form of will, consisting of a standardized form completed by the testator and signed by two witnesses. Statutory wills may be suitable for very simple situations. Depending on your situation, a statutory will may not adequately address your needs. You can leave the money to whomever you want: an individual, such as a family member, domestic partner, or friend a corporation an organization, such as a charity a city, county, state, or country (even a foreign country) After you and the witnesses sign the will, deposit it in a safe place, such as a safe or safety deposit box. To avoid any delays, make sure that your attorney and family know where you have stored the will. A will does not become effective until after your death, so you can change, or amend, your will at any time. But, again, consult with an attorney—crossed out words or added words on a will (or any legal document) could result in a court determining that the will is invalid. Wills & The Courts: Potential Problems Unlike a trust, a will does not allow your heirs and beneficiaries to avoid probate court. Before a court can divide any assets, it must first determine if the will is valid or not. Some situations arise when a person could contest a will. However, in California, only a person with “standing”—that is, a personal financial stake in the estate—can do so. A court can rule a will invalid if it shows that the testator wrote some or all of the terms of the will under duress, menace, fraud, or undue influence. Weiner Law 12707 High Bluff Drive Ste. 125 San Diego, CA 92130 (858) 333-8844 https://weinerlegacylaw.com/