Legal Question in Wills and Trusts in California
Instead of paying to have an official Will created, can my husband and I just write up our wishes, sign the paper and call it good? Maybe get it notarized? We have no children, don't own much besides a house and 2 cars, and our families are both small and not the type to fight.
3 Answers from Attorneys
While you are free to draft your own holographic will, there are requirements to make such wills valid. You should probably at the very least consult an attorney as there may be other concerns with your estate.
Either take the time and effort to make your wishes known in a meaningful way, i.e., likely a trust and will drafted by an attorney, or let your heirs be required to do a probate proceeding and let the intestacy laws determine who gets what. You may be able to get the proper documents drafted for less than you might think it would cost.
I always advise people to seek an estate planning attorney. A lot of sad cases come through my office later on when people have done their own estate planning. These cases are expensive, and often not what the deceased would have wanted.
Related Questions & Answers
-
How to fix a grant deed that has the wrong APN on it? Asked 10/29/12, 11:44 am in United States California Probate, Trusts, Wills & Estates