Many individuals find security in planning for the future. Losing a relative or loved one is an emotional and difficult time; preparing in advance can help mitigate many uncertainties and relieve your loved ones from making hard decisions. One of the most important steps you can take to ensure your wishes are followed after your death is to create a will with the assistance of a skilled Murrieta wills attorney from Goebel Estate Planning, PC.
If an individual dies without a will in California, they are said to have died intestate. This means that the state will determine how and to whom the estate’s assets will be distributed. Anyone over the age of 18 and of sound mind can create a will in California. A sound mind generally means that the individual is capable of making significant decisions regarding their estate and understands the value of their assets.
A will is an important legal document that outlines how you want your property to be handled in the event of your death. You want to be sure that it is thoughtfully created and reviewed to avoid any risk of invalidation or conflict with state laws. An estimated 76% of Americans die without creating a will.
While online templates may seem convenient, they often fail to meet California’s legal requirements. Mistakes in these documents can lead to costly disputes or even invalidate your will entirely. When you create a will with the help of an estate planning lawyer, you can feel confident that the documents will comply with all legal requirements and that your wishes will be clearly and succinctly stated.
Often, an individual will utilize a payable-on-death designation to name an individual who will inherit funds in a bank account. When you pass away, the stated beneficiary can access the account by providing appropriate identification and a copy of the death certificate to the bank.
This is a straightforward process that your attorney can assist with and essentially allows the beneficiary you name to avoid going to probate court to access the funds. The beneficiary has no rights to the money while you are alive, and you can change the beneficiary at any time.
Another way for your heirs to avoid probate court after your passing is to establish a Transfer on Death (TOD) deed. Naming a family member or member as a beneficiary to your real property will allow them to swiftly inherit your property at the time of your death.
An estate planning attorney can assist you with setting up a TOD. They will help you complete the paperwork, ensure the documents are notarized, and file everything with the County Recorder’s Office located at 2724 Gateway Dr., Riverside, CA 92507.
A Wills Attorney in Murrieta will make sure that the final draft of the will is properly signed and witnessed. For a will to be valid in California, this requires that the will be signed in front of two witnesses who are not beneficiaries of the estate. Some people choose to provide their loved ones with a copy of the will and discuss their wishes with them. It is also wise to store a digital copy in a secure, backed-up location.
You will also need to choose someone—commonly called an executor—to manage your property after your death, with their consent. You should provide the individual with a copy of your will. You may also consider ensuring that the individual knows where you keep important documents and can access important information stored on your computer, in your home, or in a safety deposit box.
A: A will is an extremely important legal document that determines how your property and money will be distributed after your death. An attorney can help navigate the challenging process of drafting a last will and testament that will be enforceable by law. Factors impacting the cost of creating a will include where you live, the experience of the attorney, and the complexity of your estate. An attorney may charge an hourly rate or a flat fee.
A: An estate planning lawyer focuses on administering wills and trusts. They will have a vast understanding of estate law and are able to guide clients through the process of creating a personalized will that addresses any unique needs and wishes. An experienced estate planning attorney can ensure that documents follow all legal requirements and state laws. A knowledgeable estate planning lawyer will also provide guidance on tax implications and how to most effectively structure a will.
A: Many individuals prefer to use an attorney to create a will for peace of mind. Using an attorney to create a will ensures that all legal requirements are met, state laws are followed, and that your wishes are clearly detailed. An attorney can also help to prevent costly mistakes in document preparation—which can lead to potential litigation or a will being invalid—and can help avoid conflict and reduce misunderstandings by assisting with communication between family members.
A: The ideal person to write your will is an experienced estate planning lawyer. Their focus will be on creating a will that meets your personal expectations and wishes for how your estate will be handled after your death. An estate planning lawyer can provide guidance on minimizing tax implications. Finally, if you have minor children, an estate planning lawyer can create the necessary legal documents to name a guardian.
It is essential that you rely on the experience of a skilled estate planning attorney to navigate the complex laws and regulations that shape a well-crafted estate plan. I provide personalized guidance to help ensure your wishes are clearly documented and will remain legally enforceable.
To schedule an initial consultation, contact Hillary Goebel in Temecula.