Legal Question in Wills and Trusts in California
Wills or Trusts or Both
When first obtaining a will/trust, is one better than the other? should both be done? What are the differences between the two and does a lawyer need to draw this up for it to stand up in court or if I just downloaded a form and filled it out would that work?
2 Answers from Attorneys
Re: Wills or Trusts or Both
Thanks for your posting, and apologies for the length of time it took for you to get a response.
Yes, you can create a will or a trust yourself. I can't guarantee you that it will be valid, as there are many requirements in California (i.e. the number of witnesses) that have to be complied with.
A trust is entirely different, and even with a trust you should have a will. A trust holds property for the beneficiaries and avoids probate and the public nature and fees involved in probate.
I hope this helps, and if you need legal representation, or have further questions, please feel free to call me anytime, toll free, at 1-877-568-2977, or email my office.
Re: Wills or Trusts or Both
The general rule of thumb is if you have an estate worth more than $100,000 then a trust is desired over a will. There are many other factors to consider. You are not required to have a lawyer to do either. Whether it will stand up or not depends on how it is worded.
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