Wills Attorneys in Auburn, California
One of the biggest proactive moves but also has the most amount of hurdles in estate planning is the use of a will. A will is a very flexible and potent tool for estate planning, but it is underutilized by many interested citizens. By recruiting the help of a wills attorney in Auburn, California, you are able to plan ahead your asset and estate distribution after your death. You can also appoint guardians for your minor children when the unfortunate happens.
Applying for a will is a surefire way of making sure that your real estate and assets will be divided properly even after unfortunate circumstances. If you are interested in knowing how to proceed with this application, our experienced estate planning team in our Auburn law office will be able to guide you towards the process and give you more options. Don’t hesitate to contact our team to help you with a consultation. Take charge of your financial future!
What is a Will?
Within the tools for asset management, a will is an option that can allow you to decide how to distribute your wealth if you end up dying and leaving your loved ones behind. A proper will should include the following parts:
- Name and details of the executor who will proceed with the contents and provisions of the will
- Name and details of the beneficiary who will be given said assets for inheritance
- Specific plan or instructions regarding the distribution method and time of release for the assets.
- Chosen guardians for any minor children part of the will. These guardians will also be the ones handling the estate that the minor children will inherit.
Most of your assets should be noted down for distribution in your will. Some of them will allow for direct naming under your beneficiaries. This could allow you to directly switch the ownership of the estate without any special considerations in the will. These types of assets usually avoid court proceedings called probate which can help you waive some of the fees attached to the said proceeding.
But for some that are not able to be named under your beneficiaries immediately, you can use your will as a way to still assign them properly. Our wills attorney team has helped a variety of clients in different parts of the process, from the planning phase, to even probate court in some corner cases.
What are the steps in creating a will?
Given their efficiency, wills are considered as a good option in a robust estate plan, both by attorneys and clients alike. While it is efficient, there still needs to be a plan when writing a will to get the most in your estate planning document. Prospective clients filing their will should consider the steps below to create a proper one:
- Check the basic requirements.
For a will to be considered valid, it requires that you are over the age of maturity. You should also have a healthy physical and mental status before proceeding with a will document. Different states can also have different laws regarding the validity of the Last Will or a Trust.
While some states accept a notarized will, there are strict guidelines in place in California to make sure that the will is considered valid. A typed Last Will and Testament is required to be executed by a testator and two disinterested witnesses. On the other hand, a handwritten Last Will and Testament can be unknown to others, aside from the writer. This is called a holographic will.
- Choose specific assets and people of interest.
To make sure that your will is valid, make sure to identify the assets and property that are open for inheritance. Make sure to also identify the names and details of the intended inheritors. The client should also designate an executor, which is tasked to be the actor of the will’s details.
As noted here, the planning and research process is an integral aspect of a proper trust creation. By enlisting the help of our experienced Northern California wills attorneys, our law office can help you answer these questions and comb through the legal matter to provide the best options for your needs.
What are the different Types of Wills?
Choosing the most appropriate will for your situation will help you identify the extent of what you need to plan. Each state in the United States has different types of provisions for each type of will. These are the most common types of wills available:
A simple will allows you to list your estate and identify your inheritors who will inherit your assets. This can also allow you to pinpoint your executor and guardian for your younger children. This is usually available as forms online, or templates that could be obtained from different sites.
A joint will is special because two people are involved in the specific document. This is usually for couples that have multiple joint properties. Because of this special consideration, when one of the pair dies, the other one automatically becomes the executor of the will. While this is extremely useful in seeding up the wills process, it is a bit inflexible given that the spouse cannot change the provision of the will automatically.
Testamentary Trust Will
As the name suggests, there is an embedded testamentary trust in this will which becomes active once the individual dies. This special type of will is used for elder law cases where specific instructions are needed. This applies to cases of special needs beneficiaries or minor children who are directly involved with the inheritance process.
This will is usually for people with major medical concerns that need to be addressed if the patient becomes incompetent. A living will is an estate planning document that allows specific details for your medical care. Unlike the other documents, it does not deal with financial concerns or real estate property.
To clarify, you are not required to have an estate planning lawyer in crafting your own will. But an experienced attorney in wills concerns can give you legal advice to make more descriptive plans, making your will more robust.
Consult with us with your Trust Concerns
Deciding how you’d like your estate plan managed after you pass away may feel confronting, and it’s an easy task to set aside. But formalizing those important estate planning decisions now can save your loved ones much confusion, conflict, and financial hardship later on. With the efficiency of wills, a proper estate planning attorney will be able to help you plan ahead, even during times when you will not be with your family.
Our experienced estate planning attorney in our law office will sit down and listen to your concerns, review your assets, and come up with a plan together with you to ensure your assets are all accounted for and that your wishes are honored. If you are in the following counties, our team will be open to accepting your inquiries and offer you our legal services:
- Alameda County
- Nevada County
- Placer County
- Contra Costa County
- San Francisco County
- Solano County
- El Dorado County
- San Mateo County
- Sonoma County
- Santa Cruz County
- Stanislaus County
- Orange County
- Sacramento County
There’s never a wrong time to begin thinking about your wills. If you also have concerns regarding related inquiries like probate law, family law, and trust administration, then don’t hesitate now! Act today and rely on Bottomline Lawyers law firm to help you through our legal services and make it seamless and hassle-free. Schedule a FREE consultation with us to learn how we can help your estate planning process!