Legal Question in Wills and Trusts in California
Are
My husband is the moneymaker of our family. I need to protect what we have
and be sure that if he passes away, or both of us the house, cars, life
insurance will go to who we want without the goverment taking a big chunk
of it out in taxes.
Does a attorney have to write a will to make it legal? The internet offers
many wills you can buy and do yourself. Does California Law support wills
done at home? Does a will need to be noterized to be legal?
Thank you for your time, I appreciate your help, Sincerely,--name removed--Meyer
3 Answers from Attorneys
Re: Are
You can draft your own wills. Just be sure to follow the instructions on the website or book you are using. I recommend Nolo press or nolo.com for finding do it yourself information. A will does not need to be notarized if it is properly witnessed. Please also note that a will, even if properly done, does not avoid probate.
However, with the assets you described, you should consider a trust. I would suggest you consult with an attorney in your area to find out more about estate planning and how to really protect you and your family. Other estate planning documents that come to mind would be a durable power of attorney and advance health care directive.
I hope this helps.
Jennifer Sawday, Esq.
Sawday and Drake
(562) 961-8262
Re: Are
Attorney drafted wills are not necessary although advisable. Usually wills are "witnessed" by two individuals but you can also prepare a holographic will written completely in the handwriting of the invidual.
I suggest, however, that you consider consulting with an attorney. It is easy to make mistakes (which you won't discover until it is too late) and simply using internet forms may not offer all of the protections that you need. Many estate planners work on a flat fee, which may be more reasonable than you think, and also deal with other important devices such as powers of attorney.
Good luck.
Re: Are
#1 TOP MOST IMPORTANCE...
A WILL DOES NOT PREVENT PROBATE, ONLY A TRUST DOES THAT FOR ALL YOUR ASSETS.
A will does direct your assets as far a s who is to receive what, but if the total value of the estate, in CA, in over $100,000 (this does NOT include mortgage or amounts still owed, only current, actual value) then the estate will still be subjet to Probate.
This means a LONG TIME and a BIG EXPENSE.
Take a look at the information we provide regarding Wills vs. Trusts on our website (No-Probate.com) and please feel free to contact me at the number provided by LawGuru or directly through the website.
Scott Linden
No-Probate.com
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