Burlingame Will Attorney

Creating A Will in California

A Burlingame Will Attorney Can Help You with Creating Your Will

There are a number of facts about last wills in California that many people do not know, but a Burlingame will attorney can help you navigate all the information. According to Legal Zoom, only about 45 percent of adults have a will, with the majority of those being over the age of 65. Some additional facts about wills include:

• If you do not have a will when you die, you will have died “intestate,” and the state of California will determine how to distribute your assets.
• One of the primary reasons to have a will if you have minor children is to nominate a guardian for those children.
• If you want to disinherit someone, a will can specify that.
• Your Burlingame will attorney can add specific language in your will that will help avoid contests to the will.
• A change in your marital status can change your will in ways you might not be happy with.
• You can provide passwords and other details to your digital life for your personal representative to ensure your digital assets are properly taken care of.
• While you might benefit more from a trust your estate planning attorney can help you make this determination, a will can allow you to make your wishes for your family and assets known following your death.
• Wills are not static—they can be replaced or changed at any time, so long as all legalities are followed.
• If you have a will, you will need to appoint a personal representative—a person you trust who will faithfully oversee and execute the wishes set forth in your will.

FAQ: Does a Living Trust Avoid Probate?

Requirements for a California Will

To legally prepare a will in the state of California, you must be at least 18 years old. You must sign your will or affirm your signature in the presence of two witnesses who will also sign the will. In the state of California, you are also allowed to write out your will in longhand and sign it—this is known as a holographic will—without the necessity of witnesses. No special words are required for a holographic will, so long as the provisions of the will and the signature are yours.

California also allows a statutory will, which is found in section 6240 of the Probate Code. Any California resident may obtain a copy of the statutory will, fill in the blanks, and sign at the bottom who also sign the will. Any additions or deletions to the statutory will—other than filling in the blanks—could potentially invalidate the will. It is generally a good idea to hire an attorney to prepare your will to ensure there are no mistakes that would render the will invalid. If you have assets worth more than $150,000, you have business-related assets, you own assets in another state, you want to create a trust fund for a child, or you want to minimize after death taxes, you should definitely consult an experienced Burlingame will attorney to prepare your will.

Do I Need an Executor for My California Will?

Yes, you will need to name an executor in your will—the person who will ensure your wishes are correctly followed and who will see that the will is properly probated. It is important that you choose an executor that you trust to follow the instructions you set forth in your will. You should also choose a person who is willing to serve as executor.

Can I Nominate a Guardian for My Children in My Will?

A will is a good place to nominate the person you want to take over custody of your minor children in the event of both parents’ death. Most people spend little time considering who would be a good guardian for their children, assuming the role would automatically fall to a family member. In fact, if no guardian is specifically nominated in a will, the decision falls solely to the courts. The California legal system could very well choose a guardian for your children who you would never choose. Although the court might choose a family member or close friend—they might not.