Your last will and testament is one of the most important documents you will ever create. It contains provisions and instructions related to your assets, family members, and other loved ones. Because of the high importance of your last will and testament, it makes sense to entrust its creation and administration to an experienced last will and testament lawyer.
If you or someone you care about in Orange County, CA, is dealing with matters related to a last will and testament, OC Wills & Trust is ready to help protect your interests and secure your future according to your wishes. Call today for a consultation to learn about your options and how we can help.
Clear, Airtight Will Creation
Your last will and testament gives you control over many aspects of your estate and family, but only if it is clear and airtight. There are several ways to challenge a poorly executed will, but with the aid of an experienced will and testament attorney, you can expect your will to stand up to these challenges.
In order for a will to be valid in California, the following must be true:
- The will must be written or typed
- The will must be signed by the person creating the will
- Signatures from two witnesses must be on the will
Beyond this, the creator of the will must be of sound mind and 18 years of age or older, and the witnesses must be disinterested parties. A disinterested party is a party that does not benefit financially from the will.
Probate and Wills
The existence of a will does not do away with the need for probate. Probate in California is necessary for all estates with values over roughly $184,500. During probate, the judge will test the validity of the will and then work with the executor once the will has been verified.
Will Provisions
Within your will, you are permitted to leave instructions relating to various matters, including your assets and the care of your children. You must also appoint an executor to handle the administration of your estate during probate.
Asset Distribution
Once your liabilities and debts have been satisfied, the rest of your estate can be distributed according to your will. This includes real estate, vehicles, other personal property, and financial accounts.
Keep in mind that community property laws in California prohibit a spouse from giving away community property in a last will and testament. A spouse may, however, give away their separate property as long as it is not encumbered.
Guardianship of Children
If you have children, your will’s guardianship provisions are perhaps the most important part of the entire document. California law allows you to appoint a guardian for the physical care of your children. Said guardian will become their primary caregiver.
A financial guardian may also be appropriate in some cases. A financial guardian is responsible for looking after a child’s assets until the child turns 18. In some cases, the financial guardian and the primary care guardian are one and the same.
Executor Appointment and Responsibilities
Probate laws require an executor to work with a judge to administer your estate. Before passing, you have the opportunity to elect the executor and provide them with specific instructions on how to administer your estate.
Your attorney can provide you with the guidance you need to make the right choice in this matter. Without an executor named in your will, the court will appoint one.
Intestate
Passing away intestate means dying without a will. When this occurs, your estate will be distributed according to the laws of intestacy and probate. Your estate may also be subject to distribution by probate if the will is found to be deficient.
Estate planning attorneys work with their clients to keep the control of their estate in the hands of their clients. When no valid will is found, however, attorneys can work with surviving family members to ensure that the estate is properly distributed.
According to California law, various family members are in line to inherit your property if you have no will. Priority is given to surviving spouses and children. However, consideration is also given to:
- Parents
- Grandchildren
- Siblings
- Uncles and aunts
- Cousins
- Nieces and nephews
For example, in the absence of a surviving spouse and children, a brother, parent, cousin, or distant relative might inherit everything. If you happen to live in a blended family, your stepchildren may get nothing. A will and testament attorney helps you properly provide for your loved ones.
Contact OC Wills & Trust for Help With Your Last Will and Testament
When it comes to your last will and testament, you deserve to know your options for the issues you are facing. At OC Wills & Trust, we use tried-and-true as well as innovative solutions to turn your wishes into realities. Call to discuss your case with an estate planning attorney today.
