A will is typically just one part of a properly designed estate plan. If you do not have a will, your estate will pass “intestate” according to the laws of California.
However, even if you have a will or choose to have one drafted on your behalf, there are a few things you should know.
Read our blog post ‘Is a Handwritten Will Effective?‘
If you have minor children, a will is used to determine guardianship if both parents have passed. This keeps your family from waging war with each other over the care of your children and allows them to expend their energy on the children’s behalf instead.
A will speaks only upon your death, so any matter that occurs while you are still alive will not be affected by the execution of a valid will.
It will not keep your estate out of the probate court. Simply, it is a set of instructions to the probate court on how you would like your estate to pass, rather than passing according to the State’s intestacy laws. You should know that the probate process can take an extended amount of time and have excessive costs.
A will alone can handle some aspects of your estate, but not all. In a comprehensive plan, the will is used in conjunction with a revocable living trust to protect your estate. This type of will is often called a pour-over will. Visit our pour-over will page to learn more on how that document can benefit your estate plan.
We will prepare a legal document to provide clear instructions on what should happen to all your assets according to your wishes after death. It can prevent family feuds over property and other finances.
We’ll guide you in choosing a power of attorney (POA) and explain what legal decisions can be made by the person assigned. It’s the best way to protect your finances, property, or medical care.
This includes Revocable Living Trust, Irrevocable Trust, Testamentary Trust, and Special Needs Trust.
Our professional team will ensure that a pour-over will is in place to capture any assets that are not included in your living trust or that weren’t transferred initially. It’s always better to play it safe and make sure everything is handled accordingly.
If something should happen to you and you can no longer make decisions, you’ll want to make sure that somebody has your best interest at heart and follows your instructions for any healthcare needs. Our team will create the legal healthcare documents needed to give you peace of mind.
Very pleased with the timely fashion adding our new home to our trust. We tried doing it ourselves but it ended up being a hair pulling situation.
Excellent knowledge and handled my issues superbly.
Very good service, I am happy with my decision, the service Bryan Walters provided was great, friendly and easy to understand. The whole process went very well and fitted with my schedule.
I Highly recommend this firm.
Professional, detailed, helpful, patient and flexible.
Jim Filippi is amazing along with his team. They were always there every step of the way explaining what was next. Jim is honest and trustworthy. His honesty is one of his strongest traits. I highly recommend The Jim Filippi Law.
