Developing a proper estate plan could make a significant difference in your future. The most popular way to achieve a comprehensive plan is by creating a valid will. However, merely writing one’s wishes on paper is unlikely to satisfy the law’s requirements for an effective document. Instead, genuine wills must clearly outline a person’s wishes and be signed by specific parties.
An Anaheim wills lawyer could help draft these documents and explain their benefits in estate planning. To learn more about the impact of a will on the probate process, contact an experienced trusts and estate attorney today.
What are the Legal Benefits of an Effective Will?
Whenever a person passes, the law determines what to do with their assets and property. By default, the state’s intestacy laws apply. According to California Probate Code § 6402, without an authentic will, a person’s estate must be split between their spouse and children. However, this is not always a desirable outcome.
The primary purpose of a will is to override intestacy rules. A valid will carries the total weight of the law and empowers an executor to take necessary steps to ensure the correct distribution of assets. For example, a will might pass a decedent’s assets to specific parties who would not otherwise stand to inherit any property. By contrast, a will could also disinherit a presumptive heir. In short, wills can ensure the distribution of a person’s estate after death, regardless of another individual’s wishes. To understand more about the advantages of a will, reach out to a seasoned attorney in Anaheim.
The Legal Requirements to Create a Will in Anaheim
A will is a powerful document. Therefore, the law places the burden on testators to ensure that these documents are valid and contain specific clauses.
Anyone who is at least 18 and has the mental capacity to understand what they are doing can create a will. However, there is less flexibility concerning the authenticity of a will.
Under CA Prob. Code § 6110, a will must contain the signature of the person who created the document. A testator can sign a will themselves or instruct a person to sign on their behalf. Additionally, at least two witnesses must observe a testator sign the will and affix their signatures to the document. A knowledgeable local lawyer could help parties determine if they are eligible to draft a will and ensure the document meets necessary legal requirements.
Let an Anaheim Wills Attorney Protect Your Heirs’ Futures
A will remains the most popular way to transfer property after a person’s death. While the language of a will may be simple, state law requires numerous provisions to ensure a will’s accuracy and effectiveness.
An Anaheim wills lawyer could help parties meet these legal requirements. In addition, a legal team member could draft a will that clearly explains a person’s wishes, nominates an executor, and gives representatives the authority to move property after a testator’s death. Contact an attorney today to discuss your will-making options.