Pasadena Wills Lawyers Providing Legal Services and Advice for Clients Looking to Create or Amend a Will in California

Movies and TV shows will often show dramatic scenes of a family hearing the reading of the will of a deceased rich relative and fighting over the assets being given to each of them. The truth is that the process involving the creation and execution of a will is a lot less dramatic and complicated in real life. A will is something every adult should have – regardless of their net worth. Here are a few important answers to questions our attorneys receive about wills in California.

Why Is It Important to Have a Will?

A will is the only way to have a formal record of your wishes for what should happen to your assets after you die. For starters, you will likely save your surviving relatives time, money and spare them from the headache of trying to figure out what assets are part of your estate. A will has a list of everything you own: your home, other real estate properties, financial assets including bank accounts, savings, retirement funds, stocks, etc., and may include personal belongings such as jewelry, your collection of bourbons or miniature trains, and anything else you wish to pass on to your beneficiaries.

A will also contains your wishes for how your assets should be divided and who gets what. You may determine your brother should get your miniature train collection while your sister gets your jewelry, and the family home goes to your spouse, for example. In addition, you can also use your will to appoint an executor – the person who will be in charge of executing your will and wrapping up your affairs.

Should I Have a Will Even if I Am Not Wealthy?

A common misconception is that wills and estate planning, in general, are reserved only for the rich and famous, but the reality is anyone can benefit from having basic estate planning documents in place. Even if you have a modest savings account, own a home and a vehicle, and a few family heirlooms with sentimental value, you should consider writing a will.

This is even more important if you have any minor children because you can add your wishes to who should become the primary caretaker of your children in case you pass away unexpectedly. A will gives you more control over what happens after you pass away, it helps guide your family members when it is time to divide your assets and can reduce the chance of family disputes. You can even include who should take care of your pets, and what should happen to your digital assets such as email accounts or social media accounts.

What Happens if I Die Without a Will in California?

Those who pass away without a will likely will have their estate go through the California intestate probate process, in which the court will use intestate succession laws to divide your assets and pass them on to your closest relatives. It is a time-consuming process – because there is no official record of how the person who passed away wanted their property to be divided, the state follows guidelines to make those decisions on the decedent’s behalf. If the person had minor children, it will also be up to the state to determine who will take care of them without taking their unwritten preferences into consideration.

Does My Will Need to Be Written by an Attorney?

A will needs to be properly written and signed, and certain requirements must be observed in order to be valid. While it is possible to write a will using do-it-yourself tools available on many websites, there is no guarantee your will is going to work the way you intended it if you don’t have the guidance of a skilled estate planning attorney. With so much at stake, it is best to contact an attorney who can walk you through the process of writing your will and ask you important questions or bring up issues you may not have considered on your own. The legal team at Barilari & Williams, LLP is ready to assist you with all your estate planning needs. Call our Pasadena office at 888-EST-PLAN to get started.