San Jose Will Attorneys
Helping Clients Put Together a Comprehensive Estate Plan
If you’ve spent years working hard to provide for your family, you might worry about how they’ll afford to pay the bills when you’re no longer here. This is where estate planning comes in, as the plans you make now can determine which family members get your valuable assets after your death. For your wishes to be known and followed by the probate court, they must be made clear in a valid estate plan that includes a will or trust, which a San Jose, CA wills attorney can assist with.
When you contact Trust Law Legacy Group, APC for help creating a comprehensive estate plan, our experienced wills attorneys will ensure you know which documents are right for you. Call our San Jose law offices today to learn the benefits of wills, trusts, and other estate planning tools that can secure your family’s future.
Why Do You Need a Last Will in Your Estate Plan?
A last will is one of the most popular estate planning tools for families. In fact, some estate plans only feature a will, with no other estate planning documents accompanying it. This is because wills are simple documents that are relatively inexpensive create, with many benefits that give families peace of mind regarding the future.
The following are the primary purposes of a will:
- Make it clear which family members should inherit your assets
- Appoint a guardian for your children in case both parents pass away while they’re minors
- Explain your preferences for your funeral service
- Name an executor to administer your will as your estate goes through probate
Writing a will is a straightforward way to let your loved ones know what you want them to do with your assets. This way, you can reduce the chances of family conflicts involving your estate after your death.
Of course, a will is only one estate planning option available to you as a California resident. Since this document doesn’t take long to write, some people start with a will and then explore more estate planning options as they age and want more peace of mind regarding the future. Our San Jose estate planning lawyers can create an estate plan that features a will and other documents, so call our law offices for a consultation.
What Are the Requirements of Wills in California?
You’re not required to hire an attorney to write a will in San Jose, CA. However, it’s recommended you do so you can be sure your will adheres to the laws in this state and is therefore valid. An experienced estate planning attorney from our San Jose law firm can guide you through the requirements of wills in California so you don’t have to worry about your family realizing your document is invalid after you pass away.
To write a valid will in California, you must be at least 18 years old and of sound mind. This means you understand that you’re about to write a will for your estate plan, and that you can identify your assets and the loved ones you wish to leave them to. After all, you will need to name your beneficiaries and specify which assets you want them to inherit, as unclear language can lead to future will disputes among family members.
In addition, you need to have a hard copy of your will, so it must be typed and printed or handwritten, not in digital format. Once it’s complete, you need to sign and date it in front of two witnesses willing to sign an affidavit that you were of sound mind when you made the will.
You might need to alter the will at some point, as you might decide to add or remove beneficiaries and assets after significant life changes, such as divorce. Depending on the changes you want, you can use a codicil to make updates or write a new will altogether. If you choose the latter option, you must state that you’re revoking the old will and replacing it with the new one. You will then need to sign your codicil or new will in front of two witnesses again.
Our San Jose attorneys can sit down with you to write or alter your will, ensuring you meet all the requirements for wills in California. We can also explain how other estate planning tools might benefit you and your family. Contact our San Jose law firm today to learn how our legal services can assist you.
What Happens If You Pass Away Without a Will in California?
If you pass away before meeting with a San Jose estate planning attorney to write a will, your estate will be considered intestate. This means California probate law will apply to the division of your assets, which says that your closest family members will get your property based on their relationship with you.
If you were married at the time of your death, your spouse would automatically get all community property. In most cases, this would include the marital home, vehicles, bank accounts, retirement accounts, and any other assets you shared during the marriage.
If you had separate property at the time of your death – such as gifts, inheritance, or any assets acquired before the marriage – your spouse would be entitled to a portion of these assets, depending on if there are other living relatives.
If you’re married with no children and no living parents, your spouse will inherit your entire estate, including all community and separate property. However, if you’re married and have children, your spouse would get all your community property and half of your separate property. The other half of the separate property would be divided equally among your children. If you’re married but do not have children to distribute the separate property to, your parents would get half of it instead.
Probate law in California also states that if you’re unmarried and have children, all your assets would be equally distributed among them. If you’re unmarried with no children or parents, your siblings will get an equal share of your assets. If you have no living siblings or nieces and nephews to inherit your estate, your grandparents would inherit it. Finally, if you have no living relatives at the time of your death, the state of California would inherit your assets.
If you don’t like the idea of distant relatives or the state inheriting your property, it’s crucial that you get estate planning help to write a will. Estate planning allows you to control who will benefit from your hard work when you no longer can, which is why it’s so important. If you don’t want a California probate court to decide who gets your home, cars, and other assets, contact our estate planning law firm in San Jose, CA, to speak with skilled lawyers.
What Other Estate Planning Tools Should You Consider?
Wills are common tools found in most estate plans, so writing one is essential if you want to control who inherits your assets, raises your children, and guides your estate through probate as the estate executor. However, writing a will is just the beginning of the estate planning process. There are additional estate planning tools to consider if you want to protect your family, business, and legacy.
For example, experienced estate planning lawyers in San Jose often recommend that clients make an advance directive. This is a document that lets you plan for your end-of-life care in case you’re too ill to communicate your wishes to your doctors. So, if extreme illness, a coma, or other health issues ever leave you too incapacitated to tell your doctor which medical procedures you do and do not approve of, your advance directive will clarify your wishes.
More specifically, the living will within your advance directive should state any preferences or beliefs you have about certain medical procedures, medications, and organ donation. Your advance directive should also feature a medical power of attorney that appoints a trusted person to make healthcare decisions at the end of your life.
Another popular estate planning option is a trust. This is a legal entity to which you can transfer your assets during your lifetime, with instructions on which family members get which assets. Once you pass away, the assets in the trust will transfer to your beneficiaries without going through the probate process first. The ability for trust assets to avoid probate allows them to transfer to your beneficiaries immediately, which is why some people prefer living trusts to wills when it comes to estate planning.
Of course, you can include both in your estate plan, as living trusts and wills have their own advantages. An experienced estate planning attorney can select the right tools for your plan and ensure you understand the differences between irrevocable trusts and revocable living trusts. You’ll also learn about charitable trusts, special needs planning trusts, and other specialty options when you hire our estate planning law firm in San Jose, CA.
Why Should You Call Our San Jose Will Attorneys?
If you’re ready to start the estate planning process in San Jose, CA, you should contact Trust Law Legacy Group, APC. We’ve been helping clients with various legal topics for years, from estate planning and trust administration to business succession planning and estate administration. Regardless of your legal needs, we have proven experience in all aspects of estate planning and would be happy to ensure your plan adheres to the California laws that govern estate plans.
You deserve to feel confident that you’re in the right hands as you move through the California estate planning process, and working with an attorney from our San Jose law firm will make this possible. Call 669-201-4368 today to talk to a San Jose estate planning attorney who has extensive knowledge of business planning, tax law, California probate law, estate planning, and more.