Legal Question in Wills and Trusts in California

Re: What type of will do I need?

You will need a will for you and your wife will need one as well. If you want to do it yourself, try Nolo Press's software (www.nolo.com) but read the "Plan Your Estate" book first (also by Nolo)--you have to know what you're doing, or you may make a costly mistake.

Re: What type of will do I need?

Thanks for your posting. Normally, no, an online will is not valid.

You can prepare a simple will yourself for now, but you really should sit down with an estate planning attorney -- or a financial advisor -- and look at the big picture of what you'd like to avoid and have happen for you and your family in the long run.

If you have any further questions, please feel free to email me or call me at 1-877-568-2977.

Thanks,

Robert Miller

Attorney at Law

Re: What type of will do I need?

Go to www.nolo.com for some good self help info on wills.

Re: What type of will do I need?

A lot depends on what kind of protection that you want for your wife and child. If your assets exceed a certain amount, your will must go through probate, which takes time and could rob your estate of thousands of dollars.

You may be a candidate for a living trust, which provides greater protection for your family, especially your child(ren).

Go to my website under estate planning for a slide show on estate planning and living trusts.

Re: What type of will do I need?

In California, you may write your own will, however doing it "on-line" will probably not be valid unless you are handwriting a majority of it.

If you are starting to consider estate planning then you should consider a couple of options. First, a living trust. With a trust you can avoid probate and all the expense that goes along with it. However, this is usually the most expensive estate plan and it is not for everybody.

Second, would be a combination of items such as, a will, power of attorney documents for both financial matters and health care purposes, an advanced health care directive, life insurance policy, etc.

In otherwords there are many ways to plan for your estate after you pass, you just need to find the right option for you and your family's needs. One thing is for certain though, a simply will that was filled out on-line will probably not be enough. I would be happy to discuss your situation and give you more information if you would like to call.

Michael Burt

(213) 384-2220