Surviving family members often look for a will shortly after someone dies. They check safes, safety deposit boxes and may even inquire with the local courts. Some families are fortunate enough to locate testamentary instruments, including wills. They can then defer to...
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Wills
What are the witness requirements for California wills?
A will explains an individual's wishes regarding the administration of their estate. The testator drafting the will can select someone to serve as their personal representative or executor. They can also name specific beneficiaries and even provide clear instructions...
What happens if your beneficiary passes away before you do?
When you lose a loved one, the last thing on your mind is how it will affect your will. But as upsetting as it sounds, the funds and assets you have set aside for them might not go to the people you want to give them to. Death is unavoidable, but taking action now can...
Does a pour-over will pose any risks in California?
A pour-over will is a handy estate planning tool when used with a living trust. It allows you, the trust maker, to address undesignated property that you might have left out of your regular will. For example, say that you forgot to include your granddad’s impressive...
When do you need a pour-over will?
For many Californians, the document in their estate plan that details their assets and how they’re to be distributed isn’t their will. It’s a revocable living trust. A revocable living trust serves a number of purposes. Many people have them because they typically...
What to keep in mind when drawing up your will
Milestones in our lives usually require some planning and consideration ahead of time. They might include saving for a college education and organizing the myriad details of a wedding, for example. Those are joyous, exciting occasions for most people. Writing a will...
Should I use a living trust instead of a will?
Choosing how to set up your estate plan can be confusing. One of the most common areas of confusion concerns wills and living trusts. Some people may tell you that you need one, while others say you should choose the other. Others recommend you use both. Let’s look at...
Does California uphold no-contest clauses in wills?
When creating your will, you might consider inserting a no-contest clause. It can act as a deterrent to prevent anyone from challenging your wishes. However, a California court will not always uphold a no-contest clause. When does California consider a no-contest...
What does being an executor of a will entail?
When you die, someone will need to administer your estate. This person is known as the executor. What does an executor do? An executor must perform several tasks. These include: Pay the funeral expenses: The money comes out of your estate, not their pocket. Account...