Legal Question in Wills and Trusts in California
Should I update my will
I am 72, I recently remarried, but want my assets to go to my children from a previous marriage. We signed an online prenuptial that said our assets will remain separate, should I also update a will that leaves everything to my children that I made before the marriage?
2 Answers from Attorneys
Re: Should I update my will
YOu would be better to make a family trust. The will will still require Probate. If you want your assets to pass to the people you choose as quickly as possible and with as little cost as possible, then a trust is really the best method to accomplish this.
Please take a moment to learn more about trusts, wills and Probate on our firm's site at No-Probate.com.
When you are ready, please call our office (lawguru has the correct info) and set an appointment with our office administrator, Anna. She is at extension "0".
Scott
Re: Should I update my will
Yes, you should have your "online" prenuptial agreement reviewed by an attorney to determine whether or not it accomplishes what you intended (and whether or not it complies with all required formalities for such agreements in California), and then prepare for you a new estate plan to include a will (or revocable trust), a durable power of attorney for asset management and an advance health care directive.