Why do you need a Folsom lawyer for wills?
Many people are under the assumption that they can write their own will. Others will try to use an online form or template to create their will. But there are many nuances surrounding the drafting and execution of wills. Do you want to leave such an important document to chance when your family is counting on you? To protect your family, you should consider contacting a Folsom lawyer for wills.
The will could be invalid
By no fault of your own, your will could be invalid and this means you no longer have a will. You may never even be aware, as a result you could leave your heirs to clean up the mess.
You’re not aware of the details involved with drafting and executing a will. And why should you? That’s why it’s so important to visit a trusted estate planning attorney like those at Yee Law Group, PC. We are the right Folsom lawyer for the preparation of your will, and can guide you to ensure that no mistakes are made that would invalidate your will.
Estate planning is unique to you
Using an online service is great for things that are uniform. But when it comes to such personal and unique actions like creating a will, an online form cannot offer much guidance. Contacting a Folsom lawyer for wills can assist in making sure that your estate plan is customized to your needs.
Creating a will is not a one size fits all situation. These online forms are kept as simple and general as possible so they cover as many people as possible. Is that what you want in a will?
Your will is going to be different than your cousin across the country, different than neighbors, and in some ways, even different than your spouse’s will. A generic will won’t do you any good.
Despite seeming simple, a will is actually a complex document, even if not lengthy. The complexity comes with the structure of the document. Is it properly laid out according to state law? Are there two disinterested witnesses? Has the notary sworn the testator?
All of these items could cause issues for the validity of a will, which is why you should contact a Folsom lawyer for wills, who will have the experience and expertise to do the job right. Even some lawyers fail to adhere to strict will execution practices which then create great headache and cost for their clients down the road.
Do I really need a lawyer to draft a will?
Would you treat your own cavity? Would you replace your own transmission? If you wouldn’t do those things, then why would you create your own will? The estate planning attorneys of Yee Law Group, PC have been creating wills for clients for years. Our Folsom lawyer for wills routinely attend continued legal education courses that allow us to keep up to date on changing estate planning and associated tax laws. We do this all to benefit our clients – people like you.
It’s important to make sure you’re not only comfortable with the attorney you choose to draft your will but also that your attorney is qualified to do so. When you meet with us, we will take as much time as is necessary to ensure you have all of your questions answered and are comfortable before we move forward.
Yee Law Group, PC will ensure your will is drafted according to state law. Contact a Folsom lawyer for wills today to start putting your concerns to rest!
When an Estate’s Will Appears to be Invalid
The probate process can be lengthened and made more challenging if a will appears to be invalid, which underscores the need to work with a Folsom lawyer for wills. Yee Law Group, PC addresses the legal needs and concerns of those who are the executors of estates. In most cases, the executor is someone who was close to the deceased, and the emotional grief that they are experiencing can make their legal obligations all the more difficult. Our Folsom lawyer for wills, assists those who find themselves responsible for handling an estate as the executor and difficulties arise. We also assist California residents in performing their executor responsibilities to avoid potential problems and navigate the confusing legal system.
Circumstances That Can Invalidate a Will
A probate court may find that a will is invalid for any number of reasons. In reviewing the will for which you are responsible for executing, your Folsom lawyer for wills can identify any red flags. Examples of circumstances that may invalidate a will include:
- Changes to the family structure. The most common instances of this are marriages and divorces. For instance, if the will’s creator divorced after writing their final will, state law may dictate that their now ex-spouse cannot inherit any assets from the estate. Your Folsom lawyer for wills can confirm whether or not the probate court may take issue with the will based on this premise.
- Assets already assigned to a trust, joint tenancy, or other automatic beneficiary arrangement. If those assets are assigned to one individual in a binding method, but the will designates a different beneficiary, your Folsom lawyer for wills may determine that the court could take issue. However, resolving this issue may be straightforward as your Folsom lawyer for wills might tell you. More than likely, the binding automatic beneficiary arrangement will overrule what is dictated in the will.
- Mental capacity of the will maker. If an heir (or someone who was disinherited) has grounds on which to base their contest of the will, this could delay the probate process. For instance, if the will maker did not appear to have the mental capacity to write a valid will, your Folsom lawyer for wills might advise that the will could be disregarded in part or in its entirety.
Requirements for a Will to be Binding
For a will to be legally binding, the will must meet several requirements during its creation. This is to ensure it is not forged or was written as a result of fraud. Your Folsom lawyer for wills can confirm if the will meets the following requirements:
- The will is in written form.
- The will was signed and dated by the will creator.
- The will and the creator’s signature and the date they provided were witnessed by two individuals and their signatures were included in the will.
A Videotaped Will
As your probate lawyer can confirm, a videotaped will is not considered valid in the state of California.
More Than One Will Exists
It’s not unusual for a person to write more than one will during the course of their lifetime. This is usually precipitated by life changes such as marriage, divorce, death, or the birth of a child. Acquiring or selling assets is also another reason to update or create a new will.
If you discover that there is more than one will, and it is not clear which one is the latest and final will of the deceased, consult our Folsom lawyer for wills as soon as possible.
If you would like the legal assistance of a seasoned Folsom lawyer for wills, contact Yee Law Group, PC to schedule a consultation.
“Just had our living trust done with yee law group. Mike yee and his team made the whole process so easy. Highly recommend!”