Will Lawyers Folsom CA Trust Discuss Last Will and Testament Issues
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
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.
Find the RIght Will Lawyers in Folsom CA
Planning to write a will may seem daunting. Some people worry about the expense of retaining an attorney to help with their will; others may not believe that they have much that needs to be sorted out when they pass away. But at Yee Law Group, we know that you don’t have to be wealthy to create a will. You may be surprised when you actually start to take a look at your assets at the number of decisions you will need to make when preparing your will.
Contact us today to get started working with one of our will lawyers Folsom CA prefers, and to find the peace of mind that comes from proper estate planning.
“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.”