WILLS
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The basic estate planning document is the will. In a will you state where and how you want your worldly possessions to be distributed after your death. An experienced estate planning attorney can help you ensure that your wishes are expressed properly so they will be followed.
There are different types of wills:
Attested Will
Holographic Will
Pour-over Will
Living Will
If you have only an attested will, an holographic will or no will, your possessions will likely pass through a Probate proceeding. Individuals with assets under $100,000 can state their desired distribution in such a will without fear of probate.
Individuals who possess more than $100,000 should execute a Living Trust and a Pour-over Will to assist them in avoiding Probate.
A Living Will in California is now called an Advance Health Care Directive. Everyone should have one of these documents to give another trusted person the power to make health care decisions for you if you can’t make them for yourself.
There are wills you can download on the internet and fill in the blanks. There are will packages you can buy online or in a stationery store. There are books on how to write your own will. Doing a will yourself in this manner can actually endanger your plan. The forms are boilerplate and not drafted to your special circumstances. Intelligent and effective will-drafting requires the knowledge and guidance you can get only from an estate planning attorney who can help you make sure your document does what you want it to do.
The information on this website is for educational purposes only and should not be considered legal advice or an attorney-client relationship. For clarification of any material of this website or to seek help on your particular issue, feel free to contact The Law Office of Derryl H. Molina at (408) 244-4992 or email Derryl H. Molina at [email protected]