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Last Will and Testament
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California Last Will and Testament

You have spent your entire life accumulating the property in your estate. From your home to precious heirlooms, these items mean a lot to you, and you want to ensure they go to your loved ones when you pass. Making a last will and testament will give you control over how your estate is distributed. Beyond that, you can use your will to determine who will care for your minor children and so much more.

Because wills go through probate, it’s critical to ensure that they are free of mistakes. Otherwise, your last wishes might not be honored. R. Dustin McFarlane understands the demands of writing wills in California. He will protect your legacy by creating a customized will. With help from California Probate and Trust, PC, you don’t have to worry about what will happen to your estate once you’re gone.

Reasons to Make a Will

There are numerous reasons to choose to make a will in California.

Why Choose California Probate and Trust, PC?

1 Free Consultation

Find out how our attorneys can help you create your estate plan (wills, trusts, power of attorney, Advanced Medical Directives) during your free consultation.

2 Flat-Fee Billing

No hourly bills; no surprises. Simple and easy-to-understand estate planning services.

3 100% Satisfaction Guarantee

We are so confident that you will have a great experience that if you are dissatisfied, we will refund your money and donate $100 to the charity of your choice.

4 Electronic Document Storage

We will provide free 12-month access to our online document storage.

5 VIP Administrative Assistant

We are here to serve you. If you need copies or scans, let us know. If you need legal documents emailed to a title company or insurance agent, we are here to help. Just ask. And the best part - it’s FREE!

6 Empathetic and Knowledgeable

Our team is passionate about helping Californians by providing compassionate legal counsel to guide them through life’s most difficult situations.

7 Family Legacy Strategy Sessions

Save time and money with a 60-minute Family Legacy Strategy Session. During this session, you can talk with an estate planning attorney about your goals and your estate planning options.

8 Free Calls for Life

Our team is always here to support and serve our clients. We answer calls, return messages and emails, and ensure you get the answers you need. This free service is part of the over-the-top service you deserve

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What Happens If You Don’t Have A Will?

If you pass away without a last will and testament in place, the probate court will follow the intestacy laws to distribute your property. Your property will go to your immediate family based on the laws. However, if you don’t have immediate family, your nieces and nephews will inherit your property. Sometimes, people don’t have living immediate family members or nieces or nephews. Then, the probate court will distribute the property to distant relatives, and if that is not possible, the state will get your property. Having a will prevents the state from seizing your property and ensures it goes to the family, friends, and charitable causes you care about the most.

Non-Probate Assets

Non-probate assets can skip probate and go directly to your beneficiaries. Non--probate assets include all assets that you hold in a trust, as well as the proceeds from insurance policies and retirement accounts. Payable on Death and Transfer on Death accounts also avoid probate. In addition, all property that you own jointly will bypass probate. For example, if you own a home with your spouse, it won’t have to go through probate when you pass away. Instead, your spouse will become the sole owner of the home. California Probate and Trust, PC will help you determine which assets will go through probate and which ones won’t when making your last will and testament.

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Revoking And Changing A Will

California law allows you to revoke or make changes to your will if you wish. If you want to revoke your will, you can cancel or destroy it. You also have the option of making a new will that contradicts the old will, or you can state that you are revoking your old will in your new will. If you prefer, you can change your existing will instead of revoking it and start over. R. Dustin McFarlane can make the changes on your behalf.

Are Oral Wills Valid?

Some people make oral or video wills, thinking that they are valid. The state only recognizes written wills, meaning wills that are handwritten or typed. After creating the will, you have to sign it. It also needs the signature of two witnesses. If you have only communicated your wishes with others, you must get it in writing, or you won’t have any control over how your property is distributed.

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