Legal Question in Wills and Trusts in California

Re: inadequate funds to fulfill will bequests

Your question indicates that your mother is writing her will without the assistance of an attorney. Right now I am in litigation where a person wrote their own will, and the combined legal fees for the parties involved will surely exceed $100,000. That means that the heirs will most likely inherit $100,000 less than they should have had their father seen an attorney, instead of drafting the will himself. I therefore cannot emphasize enough that drafting a will without legal assistance is a huge mistake.

I therefore strongly advise your mother to seek legal advice, and pay an attorney about $500.00 to do a will. The alternative may well be that the children/heirs have to hire counsel to fix the mess after the fact, and pay a lot to do so.

So instead of answering your question, your mother should see an attorney in person and have that attorney answer that question and any others she may have.

If your mother wants to consult with me, please have her contact me.

Good luck in any event.

Sincerely,

Kai H. Wessels, Esq.

(tel.: 877-wessels)