Basic Steps To Create A Will

Any California resident over the age of 18 may create a legally binding will. The writer must use precise legal language so that there are no misinterpretations, which is why Weiner Law attorneys highly recommend seeking legal counsel when creating a will. Here are five basic steps for drafting a will that will stand up in a court of law: #1 Identify Beneficiaries First, make a list of all property that you own, including houses, bank accounts, stock portfolios, cars, art, jewelry, and other valuable possessions. Determine the beneficiaries (people or institutions) that will inherit these possessions and be as specific as you want when assigning sums of money or other items to these beneficiaries. TIP: Include identifying information about each beneficiary to avoid any disputes, like an address, phone number, birth date, and so on. #2 Stipulate Guardians When parents die prematurely, there has to be a process in place to assign guardians to their surviving children. If you are a parent of minor children, this is a critical step. The guardian you indicate in your will might be the person to raise your children and manage their assets until they reach the legal age of maturity. #3 Assign An Executor The executor oversees your will to follow your wishes as closely as possible. This person will also handle probate court proceedings alongside a legal team like Weiner Law. #4 Identify Other Assets A will cannot include some assets in its general distribution instructions, including joint assets, life insurance policies, and retirement accounts. You will need to assign these assets to the correct beneficiaries in writing. #5 Sign, Date, & Store A holographic will is only valid if you sign and date each page. A statutory will also requires two witnesses in California to sign and date the document before it can be legally binding. Estate planning also requires that you store your will in a safe place, preferably somewhere that is fireproof and waterproof. TIP: Inform at least one other person of your will’s whereabouts so that they know where to access it when the time comes. If you wish to revoke your will in California, you should burn or tear the document. It should be destroyed by the original writer before the court will recognize its cancellation. You can also cancel an old document by creating a new will and explicitly contradicting the previous one. Choose Weiner Law To Safeguard Your Legacy The attorneys at Weiner Law can help you create a robust estate planning strategy that will ensure your legacy thrives when you’re gone. Broaching the topic of creating a will can be uncomfortable, but it is necessary if you want to ensure that the fruits of your life’s labor go to the right people. A will is especially crucial in determining who will take care of your children and handle their assets until they are old enough to do so themselves. At Weiner Law, our attorneys have years of experience creating wills, establishing trusts, and handling estate planning. We offer complimentary, no-obligation evaluation to assist you in preparing for the future under California’s laws. Contact us today to schedule an evaluation with someone from our experienced and trusted legal team. Weiner Law 12707 High Bluff Drive Ste. 125 San Diego, CA 92130 (858) 333-8844 https://weinerlegacylaw.com/