Patrica
Experienced & Thoughtful
Estate Planning & Administration

Alameda County Wills Lawyers

Helping Clients Prepare for the Future through Wills and Estate Planning

Dying without a will, also known as dying intestate, can bring serious consequences to your loved ones. You give up any control you would have had over how estate assets are distributed, placing the power in the hands of a judge who doesn’t know you or your family. You could also sacrifice a good portion of your estate funds by lengthening the already expensive probate process and opening your family up to potential disputes that affect delicate family relationships.

When you create an estate plan that includes a will, your small, simple actions today will help protect your loved ones in the future. Creating a will also means you can distribute the inheritance in the manner you wish after your death. If you have a minor child or are the guardian for your grandchildren, you should have a will that names a guardian if you pass away.

Our caring, compassionate legal team is standing by to discuss your options when it comes to a California last will and testament. We can explain the different types of wills and help you decide which is right for you. Whether you have a great deal of wealth or a modest estate, protecting your hard-earned assets while you still have time is critical. Contact our legal team right away to speak with a wills attorney who will dedicate their energy and time to crafting the perfect estate plan for your needs. You can reach us at 510-984-2390 to schedule a free 30-minute consultation.

What Does a Will Do?

Many people are familiar with wills because they know that this estate planning document dictates how the inheritance will be distributed. However, a will can do much more than dividing up an estate. The will names people who will fulfill critical roles during the estate administration, including the named executor and a guardian for minor children if both you and your spouse pass away.

The will can also explain how to handle funeral arrangements and name a guardian for family pets. In California, most estates must pass through probate, even with a will. However, including a will in your personal estate plan can help your loved ones move through the probate process much more quickly, avoiding complications such as estate litigation. If your loved one died intestate, our legal team can help you resolve disputes and navigate the probate process.

Some types of wills include:

  • Simple will – A simple is the standard will that most people think of. It names a guardian for surviving minors, lists each beneficiary and what assets they will receive, and names an executor for the estate.
  • Living will – A living will indicates how to handle medical decisions in case of incapacity.
  • Testamentary trust will – In this case, the will initiates the creation of a trust that can offer additional legal and financial protection.
  • Joint will – This type of will leaves the estate to a spouse when a husband or wife dies.

What Makes a Will Valid in California?

California wills must comply with legal standards in order to be considered valid. Failing to follow the law can lead to a dispute that robs your family members of the inheritance they deserve and could even lead to bankruptcy. When drafting your will, consulting with a wills lawyer is the best way to ensure you have a valid will that holds up after you pass away.

Some requirements that make a will valid in California include:

  • The will is in writing.
  • The will has been signed by the testator or by another approved person in the testator’s presence.
  • The testator is at least 18 years old.
  • The testator is of sound mind and is not acting under duress.
  • The signing of the will is witnessed and signed by two eligible witnesses.

Before you create or sign a will, please have it reviewed by a trusted legal professional. An attorney trained in elder law, like those at Patricia Scott Law, can also help individuals who need to validate and execute a will on behalf of a loved one who has passed away.

Why Should I Hire an Attorney When Creating My Will?

With the many options available for California estate plans, it is critical to consult a lawyer when designing your will. Your attorney can advise you on what other legal documents will help you protect your family members after you pass on or become incapacitated, such as trusts or a power of attorney. Having an estate plan is the best way to protect your property and ensure it goes into the right hands when you can no longer speak for yourself.

Additionally, creating an estate plan is not the end of the story. You should have a law firm backing you up whenever a dispute arises or if you need to change your estate plan. In fact, estate plan management is a critical aspect of preparing for the future. Anytime someone in the family dies, marries, is born, or experiences another life change, your estate plan should match the new circumstances.

Should You Hire Our Wills Attorneys in Alameda County?

When you are ready to make a will that prepares your family for the future, you need lawyers you can trust to give you honest, complete answers. Our legal team has decades of combined experience helping clients craft unique estate plans. We know that each individual and family has its own needs and goals. We will listen carefully to your concerns so your estate plan matches and meets your needs.

Call our powerful, caring team of estate planning lawyers for a free consultation. We can help with will creation, adjustments, litigation, probate, and a number of other fields of practice. Call now to learn more at 510-984-2390.