Legal Question in Wills and Trusts in California
Estate Planning
I am creating a will for my parents. They
want each will to have their estate go to
the surviving spouse, and later (if both
are deceased) to six children in slightly
varying percentages. They own a home
with joint tenancy (no right of
survivorship). Is there a way to construct
the will so that the surviving parent can
avoid probate court, or should the title on
the home be changed? I've read
conflicting information about having right
of survivorship if the estate will eventually
be divided among children. My parents
just want to keep the will as simple as
possible and avoid having the courts get
involved.
4 Answers from Attorneys
Re: Estate Planning
First, you need to have your parents have an attorney assist with drafting the wills. Too much can go wrong by not having an attorney involved.
Second, "community property with right of survivorship" is often the best choice to hold property for a husband and wife. However, I need to fully understand the facts before I can confidently give that advice.
If I can be of further assistance, please do not hesitate to contact me.
Sincerely,
Kai H. Wessels, Esq.
(toll free: 877-Wessels)
The foregoing information is provided for informational purposes only and is not intended to be legal advice that would otherwise be relied upon.
Re: Estate Planning
You are wandering into a minefield. Go on line to www.IWant2CreateMyLegacy.com and download my free special report on the 7 most common mistakes made by those doing what you are attempting to do. Then, buy my book, also available online. Its the best 30 bucks you'll ever spend. It will take you through the whole process, the whys and wherefores and provide you forms, all in plain English.
Re: Estate Planning
If you are "creating a will" for others you must first obtain a license to practice law in California.
In law school they taught us that it is a bad idea to participate in the making of your parents' will, in your case this would be because one of your siblings might someday claim that you had "undue influence" over your parents.
It's not expensive to have an estate plan done correctly by an attorney.
Re: Estate Planning
your parents should retain a qualified estate planning attorney to ensure that the best estate plan is implemented in accordance with their wishes.
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