Wills Archives

What do attorneys look for to assess testamentary capacity?

Attorneys who aid clients in preparing their wills are required to assess that individual's testamentary capacity to execute such a document. The reason why lawyers are required to do this is because the decisions that you include here carry a lot of weight. If you're not fully aware of the choices that you're making, then you may end up making decisions that aren't aligned with your final wishes.

What does the executor of a will do?

When creating a will, you can't finalize the process until you've selected an executor. While you could make just any decision and hope it works out, this is a big risk that could put your estate at risk and your loved ones in an awkward position after your death

The three types of wills recognized in California

Determining how to leave one's assets after death can be difficult. There may be a number of emotions that come into play pertaining to one's own mortality and relationships with loved ones. As a result, some may find it difficult to find the best path forward. Fortunately, the estate planning process can be molded to fit everyone's needs. This week, let's take a look at the types of wills that may come into play during the estate planning process.

Digital wills may cause estate planning headaches

It seems like nearly every aspect of our lives is becoming digitized. Estate planning may be no different. In fact, some states are even making it legal to create electronic wills. Although it may sound like this process is convenient, it can actually present significant problems.

Why should I create a will?

Have you been putting off estate planning? If so, you're not alone. Many Californians struggle to get around to dealing with estate planning.

Add clarity to your estate plan with letters of instruction

A will can be an integral part of your estate plan. It typically dictates how assets are to be divided, which sometimes includes pouring assets over into a trust. Poorly drafted wills can present a number of legal problems, including the risk that the document will be deemed legally invalid. Additionally, a bad will can lead to family infighting that the testator probably wanted to avoid. This is why it is usually best for Californians to work with an attorney who can help them ensure that their wills are clear and enforceable.

Estate planning and the pour-over will

Oftentimes, a will serves as the foundation of an estate plan. When a will is improperly drafted, an individual's estate may be in jeopardy. This is because a poorly created will can lead to ambiguity, challenges, a lengthy probate process and even an undesired distribution of assets. Therefore, Californians need to be diligent in their efforts to create their wills and update them regularly. Skilled legal professionals may be able to advise as to how best to utilize these estate planning tools.

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