Legal Question in Civil Litigation in California

Do I need to write a will?

I have a heart disease and may suffer a heart attack. Should I die, my wife and children will receive one million dollar towards my life insurance.

How can I guarantee that my wife will get the money without hassles? Do I need to write a will, and if so, do I need to get my will notarized and keep it with a lawyer?

Thank you for your advice.


Asked on 6/11/09, 9:57 pm

2 Answers from Attorneys

Adam Telanoff Telanoff & Telanoff

Re: Do I need to write a will?

You have asked a complex question.

Life Insurance *should* be paid to the beneficiaries whether or not you have a will. The proceeds belong to the beneficiaries at your death, they do not belong to your estate. The only hold-up could come from insurance company investigation.

That being said, it is generally a good idea to have a will, and engage in estate planning before death. This will simplify the transfer of your assets upon death.

I recommend hiring an attorney who does estate planning to review this with you. (depending on the size of your estate excluding life insurance).

Read more
Answered on 6/12/09, 12:41 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Do I need to write a will?

It's a good idea to write a will or other estate plan, and to have it done the right way using an attorney. Otherwise, as you can see if you look through the questions and answers in the LawGuru knowledge base, your wife and/or kids could be the next unfortunate story.

Merely notarizing a will doesn't satisfy the legal requirements. There have to be two independent witnesses, or the will has to bein your own handwriting. Please have an attorney draft the will, this is not expensive and will save more than it costs.

Read more
Answered on 6/11/09, 10:43 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California