Legal Question in Wills and Trusts in California

wills

Married, in the process of a divorce; both have adult children from prior marriage. I was to make out a will --which form? can I do it with a form on this network? Thank You


Asked on 12/08/01, 2:17 pm

3 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: wills

check out www.nolo.com for a do it yourself will.

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Answered on 12/09/01, 1:27 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: wills

Thanks for your posting.

Yes, you can do a will yourself. I don't recommend doing so, however, because I have seen quite a few "do it yourself" wills that are challenged or declared invalid because they were not executed properly. For example, you must have at least two witnesses in California for a valid witnessed will, or draft the entire will in your handwriting, which few people do.

I would suggest at least sitting down with an attorney for a free consultation and then doing a will yourself, if you choose. Most attorneys want to get your business, so they may ask if you would like them to do a will for you, but you can also get some valuable advise on what is best for you.

Thanks again, and if you have any other questions, or you want more information, or even representation, please feel free to email me back, or call my office at 1-877-568-2977 (toll free).

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Answered on 12/09/01, 4:25 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: wills

If you have any assets of significance, you are better off to spend a few extra dollars and have a revocable living trust established. This will avoid probate, which can be very expensive, and a will is more easily challanged than in court than a trust.

Go to my website and, under estate planning, there is a short presentation on the value of a living trust. www.lawken.com

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Answered on 12/08/01, 2:31 pm


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