Folsom Lawyer for Wills


Folsom Lawyer for WillsCreating a will without a Folsom lawyer for wills is commonly seen as a daunting task. However, having a will is a very important step to ensure that your final wishes are followed if you become incapacitated or upon your death. At Yee Law Group, our team has extensive experience creating wills that represent the wishes of our clients, and we aim to make the process is as easy as possible.

Creating a will should be a top priority at any stage in life, but this isn’t always the case. Many people put off creating a will because they assume they will have more time. Unfortunately, as a Folsom lawyer for wills knows, the future is never certain. A will should evolve throughout the different stages of your life. A lawyer for wills Folsom can offer should help you update your will and keep it current for your situation. If you do not have a will, the process of passing on your assets can become much more complicated.

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 Inc.. 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 Inc. 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 Inc. 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 Inc. 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.

What happens if you die without a will?

The court calls this “intestate.” If you die without creating a will, the laws of intestate for your residing state will determine what happens to your assets. Your assets include your money, real estate, investments, and personal property. Typically, the laws of intestate depend heavily on your family dynamic; for example, if you have children, are married, or are single. In typical circumstances, your assets would be split evenly among living heirs, which could include your spouse, children, parents, siblings, aunts, uncles, or cousins. If you have no living relatives, your estate may go to the state.

Single Without Children

If you are single and without any children, your estate would go to one or both parents if they are still living. If both parents are deceased, it would be split between your siblings equally. If there are no surviving parents or siblings, your assets would be split in half and half would go to relatives on your mother’s side and half would go to relatives on your father’s side.

Single With Children

If you are single with children, your entire estate would be split among your children. If you do not consult with a lawyer for wills in Folsom and create a will that states otherwise, your assets would be split equally amongst your children.

Married Without Children

If you are married but do not have children, your entire estate would go to your spouse if it is shared property. If you have separate property, your estate would be shared with your surviving parents and siblings.

Married With Children

If you are married with children, your spouse will likely receive all of your assets. If you have children from a different partner, half of your assets would go to your spouse and the rest would be split among your children from a different partner.

Your Will: What You Won’t Put In It

When you create your will, there are many things that you will plan to include. You’ll designate beneficiaries and leave property to those beneficiaries, or specific items to loved ones and more. However, there are a few things that you cannot put into your will. Therefore, you need to know what cannot go into your will beforehand. An experienced Folsom lawyer for wills from Yee Law Group can walk you through each step of the will drafting process. But it can be helpful to know the basics of what issues must be addressed elsewhere in your estate plan before you begin. 

Specific Types of Gifts

There are certain benefits that you leave to people that cannot be part of your will. For example, if you open mutual funds, one of the things that you will be asked to do is to name beneficiaries for them. The recipients that you enter with your mutual funds will supersede anything that you would put in your will. Other assets that are similar include:

  • Life Insurance Policies
  • Pension Plans
  • 401K plans
  • IRAs
  • Property held in beneficiary (Stocks, Bonds, even estate or vehicles in some states)

If you have questions about whether a particular financial benefit should be addressed in your will or elsewhere in your estate plan, a Folsom lawyer for wills can provide clarification. 

Providing For Your Pet

If you have pets that you want to take care of after your death, your will is not the place to make that happen. You cannot leave money or property directly to a pet in your will. You can, however, leave your pet to a person in your will. If you know that person is willing and able to take good care of your pet, you can transfer ownership. You can then leave money to the person responsible for the animals. Similarly, a Folsom lawyer for wills can help you set up a trust for your pet, so that it is financially taken care of after you’re gone. 

Gifts with Strings Attached

Someone’s marital status or religion cannot be conditions for inheritance in your will. You can attempt gifts with more mild conditions. For example, you could say, “Mary can inherit the car after she has a full-time job for two months.” However, adding conditions for receiving a gift requires policing whether the requirements are met. You may want to think twice before starting that process.

A will is a document that holds most of your instructions for handling your affairs after your death. However, it doesn’t cover absolutely everything. A living will, or a trust, are excellent examples of a few documents that can be necessary to accomplish all your goals. If you are ready to create a will or find out more about trust and other options, contact a Folsom lawyer for wills today. Our firm can help you meet your goals and better understand the choices and decisions available to you.

Meet With a Folsom Lawyer for Wills at Yee Law Group

If you want to ensure that your loved ones are taken care of after you pass, it’s imperative to speak with a Folsom lawyer for wills about your plans. Without a will, neither you nor your family will have a right to say what should happen to your assets. Creating a will can be a complicated task, but the professionals at Yee Law Group would love to talk with you and find a way to make the whole process easier. Call our office today to schedule a consultation with a trusted Folsom lawyer for wills.

Client Review

“Michael Yee and his staff were great at helping us set up our living trust . They were very professional , knowledgeable and helpful with all our questions and made the whole process very comfortable and easy . It only took 2 weeks to complete the whole process . I highly recommend their services and strongly encourage anyone seeking legal services to contact them.”
S Singh
Client Review