Wills are a critical part of a comprehensive estate plan. These documents help people retain control over the probate process and ensure that their assets move to the proper heirs after their death. Therefore, it is important that your will meets all the relevant standards under state law. It is also vital to have a will that is specific and clear.
Working with an Orange County wills lawyer could help you create an estate plan that follows proper guidelines. A seasoned attorney could explain how a will functions, describe the legal requirements for their creation, and take the lead in drafting documents that clearly state your intentions for your assets after your death.
How to Legally Create a Will
The process behind creating a will is relatively straightforward. The law encourages all adults to have estate planning documents to simplify probate and help their beneficiaries avoid confusion in the process. Still, there are certain rules that determine when a court may challenge the authenticity of a will.
According to California Probate Code § 6110, a probate court can presume a will is valid if it contains the testator’s signature. In addition, the document must also include the signatures of at least two witnesses who observed the testator sign the document.
However, even if a will appears to contain these signatures, a court may still contest the document’s validity. Often, a court may challenge a record due to undue influence or fraud allegations. An experienced attorney in Orange County could help draft a will that is distinctly authentic and could defend the genuineness of these documents during probate.
How is a Will Used in Estate Planning?
The purpose of an estate is to ensure that a person’s assets move to a beneficiary after one’s death. A will helps ensure this transition of property. A will informs a probate court of the creator’s wishes after their death. If the court declares the authenticity of the will, it will ensure the transfer of property.
Although a will’s primary purpose is to name heirs and assign property rights, it also serves to maintain control over probate. For example, a will may nominate an executor to take control of an estate after a testator’s death. An executor will pay the estate’s debts, take temporary control over estate property, and ensure that the assets move to the correct heirs. A skilled lawyer could help a person establishes their wishes for the future and ensure that their will contains the legal requirements under Orange County probate law.
Reach Out to an Orange County Wills Attorney Today
A will is a testamentary document that should be included in any estate plan. Estate documents allow you to dictate what will happen to your property after your death and will enable you to nominate a person to oversee the process. While state law allows you to put almost any provisions you want in your will, you should still ensure that documents meet legal standards and are as specific as possible.
An Orange County wills lawyer could help you craft or update a will to ensure compliance with all legal requirements. They may evaluate your current will or assist you in drafting a new version. Call today to schedule an appointment and learn more about the estate planning process.
