Planning for what happens after you die can be a very difficult thing for most people. Frequently, people rationalize that a will is something to worry about when they are old, or if they own a large amount of property. However, young or old, married or single, parent or not, a will can be one of the most important documents you create.
Q. Should I have a will?
It depends. Do you own property? Have cash in bank accounts? Want to direct the disposition of your personal items at your death? Want to disinherit a child or former spouse? Then the answer is almost always yes. Wills are often used in combination with living trusts to avoid probate, reduce federal estate tax, and direct the disposition of the decedent’s estate.
Q. What is a will?
A will is a legal document that gives instructions of what you would like to happen after your death. Some of these instructions may include who you would like to be guardian of minor children, and who you would like to receive your personal property.
Q. What happens if I don’t have a will?
If you do not have a will, in California, the laws of intestate succession and community property will likely determine what happens to your estate. Probate may or may not be required.
Q. Can I change my mind after I get a will?
Yes, you can change your will and you should review it frequently. As you grow older, acquire wealth, assets, and children, you should make sure that your will reflects these changes in your circumstances. An experienced attorney such as David Knecht at davidknechtlaw.com can help you establish a will that addresses all of your needs and concerns.
Q. Do I need an attorney to do a will?
Again, it depends. In California there is a statutory form will. This may accomplish your wishes for the distribution of your property after death. You should consult with an attorney to decide whether or not legal help is needed.
By hiring an attorney to complete your will, you can save a lot of heart ache and confusion later. An experienced attorney will be able to complete complex requests or situations that may not fit into any generic form. Having an actual person hear your situation and goals can help make sure that your wishes and desires are properly represented. An experienced attorney such as David Knecht at davidknechtlaw.com can be a valuable resource in helping you create a legally binding will that accurately coveys your wishes.
