Legal Question in Wills and Trusts in California

Re: WIll

You should have a will to specify these wishes. Otherwise people other then your wife might have a claim to your estate as well. Furthermore, if your estate is over the 100,000 dollar exemption amount, you should have a trust as well to avoid probate (can run into the 10's of thousands).

Re: WIll

I assume you mean that it goes to her because all of your assets are community property. But what if some assets are not really community property, or you get divorced, or you have children that you want to get certain assets and your wife agrees so would quit claim her interest, or want to do some tax planning, or she dies before you do? Yes, to be safe yo should have a trust and a will. The Will you can do yourself after reading some books on Wills; if all parts of it are in your own hand writing and nothing is from a pre-printed form and typed, it is a holographic Will and does not require any witnesses.

Re: WIll

The safe and proper answer is "YES."

First, you are assuming that you will die first. While you may be going with the odds, that fact is seldom a sure thing. If you die second, then what?

Also, you may have assets that you inherited (or retained from a prior marriage), which may not automatically go to your wife if you do not have a will.

These are just two of many reasons why you should have a will.

If you want to discuss this further, please do not hesitate to contact me.

Sincerely,

Kai H. Wessels, Esq.

(tel.: 877-Wessels)