Do I Need a Will in California?
A last will and testament is what most people refer to as a “Will”. If you are considering a will, it is best to consult a Sacramento wills attorney to ensure your document is legally enforceable according to intentions. The purpose of making a will is to state your final wishes and desires in regard to your assets. A parent of a minor child may also appoint a guardian to care for their children in the event of their death. In a will, you can:
Devise your real and personal property to beneficiaries, charity, or organizations of your choosing.
A parent may appoint a guardian to care for minor children in the event of the parent’s death.
Name an individual to manage any property devised to minor children.
Nominate an executor of your estate, someone entrusted to carry out the duties of administering your will.
The Law Office of Justin McCrea is knowledgeable and experienced in working with clients making wills in Sacramento. During a no cast consultation, we can discuss your intentions, assets, and any other concerns you have regarding creating a will. You might not be sure if a Will is the right choice for you. Our Sacramento wills attorney will discuss the pros and cons of relying on a will to carry out your final wishes. You will be prepared to make your final decisions after having a better understanding of what options are available to you. Then we can explore what works best in your circumstances.
What will happen to my stuff if I do not have a valid will in California?
If you die without a legally enforceable will in California, the state laws of intestacy prescribe how the probate court will order the distribution of your property. Generally, a decedent’s property will be distributed to their closest relatives, beginning with the spouse and any children. If you do not have children and are do not have a living spouse, the decedent’s grandchildren or parents will get their property. Siblings and then grandparents would follow then increase in distance of relativity. If the person that past away has no living relatives by blood or marriage, the property will escheat to the State of California. Our Sacramento wills attorney can help you make a will according to your wishes and desires.
What are the legal requirements for signing a will in California?
Generally, in order for you will to be valid it must be signed by you in front of two other people that sign your will as witnesses. There are exceptions to this rule, however, it is best to have two people witness your will in Sacramento.
How much will probate cost?
The cost of probating an estate is generally dependent on the size of the estate. Some small states do not require a formal probate proceeding and the supervision of the probate court. The person nominated as the executor and the attorney of the executor is statutorily entitled to a small percentage of the total value of the estate. If you are looking to avoid the cost of probate, our Sacramento wills attorney is also a Sacramento estate planning attorney and can help you create an estate plan that accomplishes this.
Types of Wills People Make in Sacramento
- Last Will and Testament
- Testamentary Trusts
- Pour Over Wills
- Holographic Wills
- Living Wills
Call Us to Speak With a Sacramento Wills Attorney
We understand it is difficult to plan for your death. Drafting a will is something that many put off until it is too late. The problem is that their property is then distributed according to state law and not how the person that died actually wanted. At the Law Office of Justin Anton McCrea, we are experienced in assisting individuals making legally enforceable wills according to their wishes and desires. Call our office at 916-601-9441 to speak with a Sacramento wills attorney or contact us online.