You Can Protect Your Family’s Future With The Right Will

In California, your will is the last statement you make to those you love. If you are single and have few assets, you still have the opportunity to designate the distribution of your personal property to friends and family members. If you have accumulated wealth, your will allows you to direct the distribution of those assets among your heirs. If you are a parent, your will is the instrument that appoints a guardian for your minor child.

At Michael A. Sawamura, Attorney at Law, when discussing your last will and testament, I will help you evaluate all factors and determine how to proceed. As an estate planning lawyer with more than 35 years of experience, I can assist you with the estate planning process, including creating a will that addresses your wishes and needs. Let’s speak today.

Who Needs A Will?

Do you need a will? Yes. Every adult should have a basic estate planning package. Depending on your assets and goals, your will may have the following varying features:

• Providing for a guardian for minor children
• Appointing a trusted person as executor
• Directing the distribution of property without probate costs
• A living will/health care directive/advance medical directive providing guidance regarding your health care if you are incapacitated

Additionally, you may designate someone to have your financial and/or health care powers of attorney so they can make decisions that align with your wishes if you are unable to communicate them.

Deciding On Whether You Need A Trust

Do you need a trust? Maybe. Single individuals, married couples, members of domestic partnerships and those who have accumulated even modest estates, including equity in a home, might benefit from establishing trusts. As your attorney, I will help you determine whether a trust is appropriate in your situation or if a modest will is sufficient:

• A well-prepared trust provides for the speedy and private distribution of assets without probate and may provide significant tax savings.
• Through trust administration services, your attorney can modify a trust in light of changed circumstances.

Will Planning Clarity In California: Frequently Asked Questions

Creating a will often brings up deeply personal questions about family, legacy and peace of mind. For over three decades, I have sat across from various individuals from all walks of life. The questions below reflect the real concerns I hear daily in my office. While each family’s story is unique, these answers may help you take the first steps toward securing your rights and wishes.

What are the different types of wills available in California?

As a Sacramento resident, you have several options when creating a will, each serving different needs and family situations. These include:

• Simple will: This document provides basic instructions about who receives your assets after you pass away. This can work well if you have a straightforward estate and clear wishes about property distribution.
• Testamentary trust will: This tool creates a trust that takes effect after your death. It sets conditions on inheritance and provides long-term asset management for minor children and beneficiaries with special needs.
• Joint will: These are single documents signed by two people, typically spouses, outlining the distribution of their combined assets.
• Holographic will: These are handwritten wills that California law recognizes as valid. They do not require witnesses but must be entirely in your own handwriting and include your signature and date. Holographic wills often create problems during probate due to unclear language or missing essential provisions.

The right will for you depends on your family structure, assets and goals for the future.

Can I change my will after it’s been created?

Yes, you can change your will at any time as long as you have the mental capacity to do so. Life changes such as marriage, divorce, the birth of children or shifts in your financial situation often make updates necessary.

I have a blended family. How does that affect my will in California?

Blended families create unique estate planning challenges. In California, the law does not automatically provide for stepchildren. This means you must name them specifically in your will if you want them to inherit from you. Your current spouse, on the other hand, has certain rights to community property and, potentially, to a share of your separate property. This may impact what you can leave to your children from previous relationships.

How often should I review and update my will in California?

I recommend reviewing your will at least every three to five years to ensure it still reflects your wishes and current California laws. Major life events, tax law changes and updates to the California probate code may affect how your will functions. These make regular reviews important. Remember, an outdated will can create unnecessary complications for your loved ones.

Methods For Avoiding Probate

Can I avoid probate? Probably. As an attorney, I work to draft wills that are written clearly and precisely, preventing any confusion or openings for contests. However, if something has changed (a divorce, a child born or an asset acquired) since the will was written, that issue might need to be determined by the probate court. It is best to update your will when a major life change happens.

Secure Your Legacy And Peace Of Mind Today

When you are preparing to draft a will, it is important to work with a lawyer who has the experience to protect your interests and understands your unique concerns. If you would like to discuss representation or have another question about my firm, please send my office an email or call 916-248-4465 to reach my Sacramento, California, office.