Legal Question in Wills and Trusts in California

Re: Choosing the right/correct will

You should consider doing a Revocable Living Trust with a pour over will. You will need to hire an attorney. Contact me.

Re: Choosing the right/correct will

My answer may sound self-serving, but this sounds like one for an attorney--it doesn't have to be me! The issues you raise must be dealt with, and self-serve forms may not contemplate all of them. The first is that the will has to deal with your possible marriage, second is your separate vs. joint property issues, third are the possible rights of your fiance's child, fourth is checking the titles of the properties (joint tenancy is not affected by wills or trusts), and another (though not final) is the issue of probate fees, which could be significant with real estate if a living trust isn't used. The living trust isn't necessary, but it should be considered. And I have a lot of experience in trying to clean up self-made wills after someone's death, so I'd recommend the attorney to you.

Re: Choosing the right/correct will

If you own properties together, you should consider seeing an estate planning attorney and perhaps creating a living trust. Any property held in joint tenancy will not be controlled by the wills. If the properties are your major assets (and are held in joint tenacy), the properties will go to the other partner without provision for the child. Simple mistakes in this area can lead to horrible consequences (tax and otherwise). Make the minimal investment and see a professional.

Re: Choosing the right/correct will

If you own real property (which it sounds as if you do) you should be thinking of doing a trust rather than wills. You could save thousands in probate costs. A will does not avoid probate. You should never use a form for doing estate planning. Man will forms are done incorrectly, and could be considered void in probate court.

Re: Choosing the right/correct will

please let me put it this way, anyone who uses a form will inviting more potential trouble for themselves, their heirs and beneficiaries then they can ever imagine. In over 30 years of practice I have had to attempt to rectify substantial and severe problems where people use form wills and don't understand the consequences. They have no idea of what questions have to be asked and what information should be placed in the wiell, especiallywhen they are children involved. Just go see an attorney who specializes in estate planning/probate and can advise you, anticipate the problems and deal with them before they start, and prepare the documents professionally in this situation. Moreover, if you and your "partner" ever wish to purchase assets together, and state unmarried, in my opinion you must have a written agreement between you. Written not oral.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

Re: Choosing the right/correct will

The reason no one will directly answer your question is because I don't know an attorney who would ever recommend filling in a form will. A will that is fill in the blank is inviting disaster. Take the time and money to have an estate planning attorney help you and your fiancee. A living trust is likely to be your best option, but it may not.

If my office can be of service to you, please do not hesitate to call.