Navigating the estate planning process can feel overwhelming, especially with the many details that may be unfamiliar if you’re not in the legal field. Fortunately, that’s where our team of trusted estate planning lawyers comes in. By understanding your assets, family dynamics, and personal preferences, we help guide you through each step, ensuring that all essential documents—such as trusts, wills, powers of attorney, and medical directives—are properly in place.
In this article, we’ll explore…
A will is a legal document that outlines how your property, assets, and personal belongings should be distributed after your passing. For California residents, having a will is essential. Why? Having one ensures that your wishes are honored.
Without a will, the state’s intestacy laws dictate the distribution of your estate, typically prioritizing spouses, children, and close relatives. While a will may not always avoid probate, it provides clear instructions for handling your assets to prevent the default distribution rules from overriding your intentions. This means your estate will be distributed as you wish or as close to it as possible.
To create a valid will, several key legal requirements must be met:
Meeting these requirements is essential to ensure that the will is legally enforceable and accurately reflects the testator’s wishes.
Taylor Preston, a skilled attorney at Preston Law Group, P.C. in California, focuses on estate planning and has extensive experience helping clients navigate drafting and solidifying wills and trusts. He understands the vital role a will plays in ensuring that your wishes are honored after your passing, and he’s assisted countless clients do the same by creating effective estate plans that reflect their desires.
Taylor's commitment to providing personalized support ensures that you’ll feel informed and empowered throughout the process. If you're ready to secure your legacy, reach out to Taylor today for the guidance you need on crafting your will.
In California, you can include nearly all your property in a will, including real estate, personal property, and digital assets. This encompasses physical assets like homes, cars, and personal belongings, as well as more modern considerations like intellectual property, digital information, and passwords.Â
However, if your estate exceeds the probate limit of $184,500 (as of 2024), your estate may go through probate, which could be avoided by establishing a trust. Additionally, assets with designated pay-on-death beneficiaries, such as retirement accounts or life insurance, can bypass the will and probate altogether.
On the other hand, if you have property in a foreign country, things can get a little complicated and require additional estate planning in the country where the assets are located.
Californians can amend or update their wills after it’s been created. There are a few ways to do this. You can create a codicil, a formal amendment that changes specific provisions while keeping the rest of the original will intact.Â
Alternatively, you can draft an entirely new will, which will supersede the old one. If you wish to revoke your will entirely without replacing it, you can also sign a revocation document that officially cancels the previous will. All these options allow the flexibility to adapt your estate plan as circumstances change.
You should update your will every three to five years or whenever a major life or financial event occurs. Events like death, divorce, marriage, the birth or death of a child, moving to a new state, buying or selling property, or filing for bankruptcy are key moments when it’s important to reassess your estate plan.Â
These changes can impact your existing will, so revisiting it ensures that it still aligns with your current circumstances and wishes. Regular updates help keep your estate plan current and will help you avoid any potential issues later.
An attorney’s role in drafting a will is to guide you through the decision-making process by providing options, explaining the pros and cons, and analyzing the cost-benefit of your choices. Their job is not to tell you what to do but to ensure you have all the necessary information to make an informed decision.Â
With their knowledge of estate planning, they help ensure that all required language and legal nuances are covered, including aspects you might not have considered. This guidance allows you to create a will that reflects your wishes while complying with legal requirements.
We believe that understanding the bigger picture is key. When you see how these documents work together, it provides clarity and gives you peace of mind, knowing that your wishes are protected. That’s exactly what we strive to achieve with every client.
Whether you’re new to the legal process or simply updating your plans, we tailor your estate plan to fit your unique needs. Our step-by-step approach is designed to make the process less intimidating, helping you feel confident and supported throughout. We’re here to ensure your experience is smoother and easier than you might expect, giving you the assurance that everything is handled with care.
Still Have Questions? Ready To Get Started?
For more information on Creating A Will In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (949) 993-0639 today.
Taylor Preston, a skilled attorney at Preston Law Group, P.C. in California, focuses on estate planning and has extensive experience helping clients navigate drafting and solidifying wills and trusts. He understands the vital role a will plays in ensuring that your wishes are honored after your passing, and he’s assisted countless clients do the same by creating effective estate plans that reflect their desires.
Taylor's commitment to providing personalized support ensures that you’ll feel informed and empowered throughout the process. If you're ready to secure your legacy, reach out to Taylor today for the guidance you need on crafting your will.
