Last Will and Testament Lawyer
California Probate and Trust, PC drafts customized wills that honor clients’ final wishes.
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.
- Control how your estate is distributed
- Choose someone to take care of your children
- Appoint someone to handle your estate’s affairs
- Avoid letting the state have control of your assets
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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 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.
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.
Our Law Office is conveniently located at 9701 Fair Oaks Boulevard, Fair Oaks, California 95628, US