At the Law Office of Catherine Chukwueke, we understand that creating a will is an important step in securing your estate. Below, we've answered some of the most frequently asked questions about wills to help guide you through the process. If you need more personalized advice or assistance with creating or updating your will, contact us today at 310-213-7711 to schedule a consultation.
Q: Who should have a will?
A: Everyone, regardless of wealth, should have a will. Some of the people who particularly need a will include:
- Those who are married.
- Those who have children.
- Those who own assets.
- Those who have a special needs family member.
If you don't have assets, a spouse, or children, you may not need a will, but it's still a good idea to discuss your situation with an attorney.
Q: When should I make a will in California?
A: A will should be created and updated during significant life events, such as:
- When you turn 18 (the legal age to make a will).
- When you marry, divorce, or remarry.
- When you have children.
- When you start a business.
- When you buy a home. Any major life change is a good time to revisit or create your will.
Q: What goes into a will in California?
A: A will specifies who will inherit your assets and, if applicable, who will have custody of your children. It also allows you to appoint an executor (or personal representative) to manage the distribution of your estate according to your wishes after your death.
Q: What should I avoid in a will?
A: Certain matters are better handled outside of a will, including:
- Retirement plan proceeds.
- Life insurance policies.
- Living trust property.
These assets should be addressed through other legal mechanisms, such as beneficiary designations or trust arrangements. An estate planning attorney can help you handle these matters properly.
Q: Can my parents leave me out of their will?
A: Yes, in most cases, your parents can leave you out of their will. However, certain states (including California) may require that a token amount (such as $1) be left to a disinherited child to ensure the will's validity.
Q: Can someone challenge my will in California after I die?
A: Yes, it's possible for someone to challenge your will. Common reasons for challenges include:
- Claims that the testator lacked capacity or was under undue influence.
- Allegations that the will was fraudulent or forged.
- Failure to meet legal formalities, such as improper signing or witnessing.
Having a lawyer involved in creating your will helps prevent potential challenges by ensuring that the will is legally valid.
Q: Can I make a will without a lawyer in California?
A: Yes, it is possible to make a will without a lawyer. However, if the will doesn't meet California's legal requirements, it may be invalid. To avoid complications, it's often best to have an attorney ensure that your will complies with state laws.
Q: How much does it cost to make a will?
A: The cost of creating a will varies depending on the complexity of your estate and the attorney's fee structure. Some attorneys charge a flat fee for a simple will, while others may charge by the hour. Additional estate planning tools like trusts and advance directives can increase the overall cost.
Contact an Estate Planning Lawyer in California Today
It's never too early to start planning for your future. A will is a fundamental part of any estate plan, no matter the size of your estate. It's essential for protecting your interests and ensuring your wishes are carried out after you're gone.
At the Law Office of Catherine Chukwueke, our estate planning attorney will guide you through the will creation process, ensuring that your will is legally sound and your estate plan is comprehensive.
Contact us today at 310-213-7711 or use our online form to schedule a consultation and start your estate planning journey.
