Will Lawyer Folsom CA

As your will lawyer Folsom CA families trust from Yee Law Group Inc. knows, one of the most important things in life is properly planning for your own death. In doing so, you are taking care of your family, so it’s critical that you work with a reliable lawyer. We have a team of experienced, sensitive attorneys who are knowledgeable in the creation and execution of your will as part of your estate plan. Since it is such a sensitive topic and can be a difficult process, our professional legal team will guide you (the testator) throughout the process and assist you in creating a will that clearly outlines your wishes.

Experienced will lawyers Folsom CA clients know can tell you that completing your will is vital when it comes to ensuring that your assets are divided in the way that you wish. Failing to do so puts you at risk of experiencing a lengthy court process that can cause added stress during an already trying time. The Folsom will lawyers at Yee Law Group can play an important role in helping you to determine how you would like to divide your assets to your loved ones.

The concept of a will is one with which most people are familiar. You may have direct experience with being left an inheritance in a will, or you have simply heard about wills in TV or movies. Chances are, you’re also familiar with the potential consequence of not having a will, including family drama and legal disputes that can stretch out for years. Despite this awareness, an estimated 60 percent of Americans lack a will, according to one study. If you fall into this category, here are a few facts that may encourage you to get serious about this important legal document. Once you’re inspired to act, don’t wait! Contact a Folsom will lawyer from Yee Law Group today before you become distracted by everyday life and this critical task goes back on your to-do list. 

What is a Will?

A simple definition of a will is a legal document that outlines what you would like to happen to your assets after you die. It can detail how you would like things to be distributed, when and to whom. Without one, your loved ones may be forced to spend extra time determining who gets what. Things you can govern with a will include:

• Care for children and pets
• Distribution of property
• Distribution of stocks and investments

That’s just the beginning. Even if you have a small number of assets or sentimental property, you can see why having a will can make it much easier for your loved ones after you’re gone. A Folsom will lawyer can make the process of creating a will as low-stress as possible. 

When Should I Get a Will?

Few of us like to think about our own mortality. But the fact is that planning for what will happen to your property is a responsible way to take care of your family and loved ones. In general, a good general rule of thumb is when you acquire any asset that you care about greatly and want to see protected in the future, it may be time to address that property in a will. Chances are, if you’re a legal adult, you need to speak with a Folsom will lawyer about making a will. 

Can I Write a Will?

The headlines are full of celebrities who have left wills written on napkins or in journals stored in their homes. Unfortunately, these types of DIY wills are hard to enforce. A will must be witnessed by at least two other parties to make it a legal document. Additionally, many people don’t consider everything that needs to be included when they write their own will, leaving open the possibility of legal disputes.

A will is a necessity that just about every adult should have. You don’t need an attorney to write one, but a Folsom will lawyer can help you craft one that is enforceable and effective. 

Writing a Valid Will

We have over 40 years of combined experience in helping people complete their wills. You can feel confident that, with our guidance, you will have a valid will that clearly outlines your last wishes. Our will lawyers Folsom CA chooses understand that there are specific requirements that must be in place for a will to be valid and accepted by the courts. This includes:

• You must be at least 18 years old;
• Your will must be signed by you, proving that you are in agreement with the information outlined in the will;
• You must be of sound mind for your will to be valid–meaning, you must be lucid and able to make decisions on your own; and
• At least two people must witness the signing of the will.

An Invalidated Will

The will lawyers Folsom CA trusts from Yee Law Group can help put together a will for you that is ironclad. Unfortunately, if a will is not done correctly, it is possible for a will to be invalidated. Examples of situations that lead to invalidating a will include:

• Using an older version of a will that has already been updated
• Not having two people witness the will
• Putting together a will for someone who is not of sound mind
• If a person was forced to create the will
• If a will was forged by another

What should be included in my will?

Writing your own will can be an overwhelming and emotional task. Rest assured that Yee Law Group’s will lawyers Folsom CA recommends are skilled in handling the writing wills with kindness and compassion. You will want to be sure that you have included all of your assets in your will. With our attention to detail, we can help you to make sure that you don’t miss any important information that should be included.

Examples of what you may include in your will include:

• An estate executor
• Proceeds from your retirement plan (i.e. 401K or pension)
• Beneficiaries that you assign to your bank accounts
• Any property that you own
• Valuables, such as jewelry
• Vehicles
• Boats

A last will and testament is a type of legal document that allows an individual to detail their wishes in the event of their death. Most wills describe wishes that pertain to the distribution of assets. This will include naming beneficiaries, what they will receive, how they will receive the assets, and when.

How does the reading of a will take place?

The movies often show the reading of a will taking place in front of multiple family members; this is a fictional setting that typically never happens. Go back a few decades or more and there were will lawyers who would gather the entire family and read aloud the will. This was only done because there was often a lack of literacy. Today, there is no state that mandates a will to be read aloud.

Who should receive a copy of the last will and testament?

In general, Folsom CA will lawyers may determine who should receive a copy of the will; after which, it is sent out to the respectful party. In certain instances, this is not done.

Usually, named beneficiaries will be entitled to a copy; however, because a will becomes public record after it has entered the probate process, anyone can request a copy.

In the case of a pour-over will – a document that may be included in a revocable living trust – the state will decide who will receive a copy. This often includes the trustee or executor and beneficiaries. Sometimes an accountant for the estate will also receive a copy of the pour-over will to ensure all payments are accurately taken care of.

When can a disinherited person see the will?

If you are a disinherited heir-at-law or a disinherited beneficiary, the will lawyer may or may not contact you. This is because it is possible for a disinherited heir to challenge the validity of a will. If current heirs or the executor are concerned about this happening, they might ask the lawyer to send a copy. Once this is done, there will be a time limit to challenge a will. If a copy is not sent, and the disinherited heir is not aware of their right to challenge, they could do so at a later date.

It should be noted that Folsom CA will lawyers are not legally obligated to send a copy of the will to a disinherited heir, but it may be considered best practice.

Reading the Will

Once all interested parties have received notification, either verbally or through a mailed copy of the will, each recipient has the opportunity to review the document. The executor is often the first person to receive and review the will.

Regardless of who is legally entitled to receive a copy, the will becomes public record. Anyone can go to the county clerk in person, or online, and ask for a copy.

Are you wondering if you have been included in a will? Perhaps you would like to challenge an estate? Contact will lawyers Folsom CA clients recommend now.

What makes a will legal?
The most important reason to have a lawyer handle your will is to ensure that it is legal and binding. While most states require two witness signatures to the testator’s signature, it is prudent to consider any other state regulations with respect to your will. Yee Law Group Inc. is familiar with California’s laws and regulations in such matters.

What is the difference between a will and a trust?

A last will and testament is a legal document that identifies the distribution of specific assets to specific beneficiaries. A will may also include guardianship for minor children, if necessary. The testator will likely choose an executor, such as your Folsom, CA will lawyer at Yee Law Group Inc., to see that the will is understood and honored during the probate process. Even when the will is valid, binding and uncontested, it is still required to go through probate.

A trust is a more complicated and involved option in estate planning. There are several different types of trusts, the two most common are revocable and irrevocable. In either case, you (the trustor) sign all assets over to the trust. The assets will be distributed to the identified beneficiaries as indicated in the trust (i.e., when the beneficiary turns 18 years old or assets are to be distributed in the event of the trustor’s death).

If it is a revocable trust, you may modify or cancel the trust at any time. On the other hand, an irrevocable trust does not allow for any changes once it is executed. We can guide you on your best option should you decide to have a trust.

Can a will be contested?

Although it is not necessarily easy, a will can be contested by someone who would stand to gain or lose from the will. Heirs and beneficiaries are examples of people who may be able to contest a will. Now, that individual will have to prove grounds for the challenge. There are several reasons that the probate court may consider but the most common are the mental state of the testator and whether or not the testator was influenced by someone at the time the will was created.  

When does the will go into effect?

The will goes into effect at the time of the testator’s death. It may be a good idea to discuss your wishes with the beneficiaries prior to that time so they know what to expect.

What is a living trust?

A living trust is a document that puts your assets into a trust throughout your lifetime. Within this document you will appoint a person to manage the assets within the trust during your life, otherwise called the “trustee”. Many people choose themselves as the trustee so they can continue to have control over it. However, for those who are worried about their health, are too busy, don’t have strong organizational skills or financial knowhow, may want to choose someone else instead.

If you decide to choose yourself as the trustee of your living trust, you may want to choose another person as secondary in the event you are unable to manage it yourself and upon your passing. This individual may be a relative, close friend, professional, or another party that has your best of interest in mind and is willing to take on the task.

After you pass away, the assets in your living trust will be transferred to the people or organizations of your choosing, otherwise called “beneficiaries”. The trustee you appointed will be in charge of paying outstanding debts and taxes. Then, the assets will be distributed as described in the living trust.

When Can a Will Be Challenged in Court?

If you have concerns about a will, talk to a will lawyer Folsom residents trust from Yee Law Group. If you are writing a will or if a loved one recently passed away, you may be wondering about the legalities of challenging a will in court.

A Folsom will lawyer from the Yee Law Group is happy to discuss your concerns, though contesting a will is not common. Only under very specific conditions can a will be legally challenged in court. Some of the most common reasons why someone may contest the will are:

1. The will does not fulfill the legal requirements.
2. The person whose will it is was not of sound mind when it was written.
3. The person whose will it is was not of legal age when it was written.

Legal Requirements

What qualifies as a legal will varies from state to state. If you have reason to question the validity of your own or a loved one’s will, it’s best to have a will lawyer in Folsom CA examine it. Most states require that a will meets the following guidelines:

1. It should include a statement that clearly states something to the effect that the will reflects the wishes and desires of the person named as the will’s owner.
2. It should have at least one section designating who should inherit what property or assets or else appoint a legal guardian for the will owner’s minor child.
3. It should appoint an executor or personal representative to handle the deceased’s assets as specified in the will and carry out the instructions contained in the will. Depending on the state, if an executor isn’t named, the will may still be enforceable provided that the court names an executor. A will lawyer Folsom offers can clarify this for you based on your jurisdiction.

State of Mind

If the person was not in a sound state of mind when they wrote the will, or when they dictated it to another person, it may be challenged. A will lawyer Folsom residents turn to at Yee Law Group may guide you through this process. The court must come to the conclusion that the deceased’s mental capacity was not sufficient to understand what they specified in their will. In deciding this, a judge may consider the following:

• Did the deceased understand what a will is, and that he or she was making one when they specified their final wishes?
• Did the deceased understand that they were expected to provide for their loved ones in the will?
• Did the deceased understand what assets they owned and which needed to be distributed after their death?
• Did the deceased understand they had the power and responsibility to decide how to distribute their assets?

Age

When the deceased wrote their will, they had to be at least 18 years old. The main exception to this legality is if they were in the military at the time of their death, were married, or were otherwise emancipated in the eyes of the court. If you believe the will is not valid because of an age issue, contact a will lawyer Folsom provides to verify the legal requirements.
What is probate?

Probate is the court proces of determining if a will is valid, resolving debts of the deceased, and then transferring/inheriting property to beneficiaries. Property includes your home, vehicles, bank accounts, art collections, boats, jewelry, and anything else of monetary value. Under probate, the court will appoint someone to handle the estate, speak with beneficiaries, resolve debts, and transfer property.

The probate court will oversee finances if a person were to become incapacitated. The court will choose someone as the conservator and manage assets if that person is not able to make decisions about their finances with a reasonably sound mind.

Why do people want to avoid probate?

Probate can be a lengthy and expensive process. For loved ones in grief, the last thing they want to deal with is a public court process where their relative’s assets are being managed by those who never knew them. Depending on the case, probate can take months or years to finalize. During that time, the assets that would have otherwise been transferred quickly after the person’s passing, now may get stuck in a court proceeding that is beyond their control.

Probate can be expensive, and at the most may take a third to half of the decedent’s assets in fees. However, with the right lawyer and a little strategy, a person’s legacy won’t have to go through probate after their passing on.

Call Yee Law Group Inc. Today

Although death is a difficult topic to discuss, you owe it to your family to have a clearly written last will and testament so they do not have to question or fight among each other. Contact Yee Law Group Inc. today and set up an appointment with an experienced will lawyer in Folsom, California — It could be one of the most important decisions you make!

Client Review

“I recently visited the main office of Yee Law Group in Land Park, Sacramento. The lawyers and their support staff were all so friendly and inviting. The office space is recently remodeled with a clean, bright, modern look. Michael was timely for our meeting and made me feel welcome, valued and safe. I would definitely recommend this office for your estate planning and probate matters. It is so priceless to have a strong, kind legal team with you to navigate trust and estate documents. A+ to Michael and his team!”
Amanda Key