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 will lawyer in Folsom, CA. Yee Law Group, PC has 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.
What makes a will legal?
The most important reason to have a will lawyer serving Folsom, CA 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, PC 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, PC, 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. A will lawyer for Folsom, CA 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.
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, PC today and set up an appointment with an experienced will lawyer in Folsom, CA. It could be one of the most important decisions you make!