Creating a will raises a lot of questions. Below are answers to some of the most common ones I hear from clients.
Who should have a will? Everyone, regardless of the size of their estate. A will is particularly important if you are married, have children, own property or significant assets, or have a family member with special needs. Even if your estate is modest, a will ensures your wishes are documented and your loved ones are not left guessing.
When should I make a will in California? The right time is now, and then again after any major life event such as marriage, divorce, the birth of a child, buying a home, starting a business, or the death of a named beneficiary or executor. As a general rule, reviewing your will every three to five years is good practice.
What goes into a will in California? A will specifies who will inherit your assets, who will serve as executor to manage the distribution of your estate, and if you have minor children, who will serve as their guardian. You can also make specific gifts of property, money, or personal items.
What should I avoid putting in a will? Certain assets are better handled outside of a will, including retirement account proceeds, life insurance policy benefits, and assets held in a living trust. These should be addressed through beneficiary designations or trust arrangements rather than your will.
Can my parents leave me out of their will? In most cases, yes. However, California law may require that a disinherited child be specifically mentioned in the will to confirm the omission was intentional rather than accidental.
Can someone challenge my will after I die? Yes. Common grounds for a challenge include claims that the testator lacked mental capacity, was under undue influence, or that the will was not properly signed and witnessed. Having an attorney involved in drafting your will significantly reduces the risk of a successful challenge.
Can I make a will without a lawyer in California? Yes, but it is not recommended. If the will does not meet California's legal requirements, it may be invalid. An attorney ensures your will is properly executed, legally sound, and as challenge-proof as possible.
How much does it cost to make a will? The cost depends on the complexity of your estate and what you need. I offer flat-fee services for wills, both as standalone documents and as part of a broader estate planning package. I am happy to discuss pricing during a consultation.
Have Questions?
If you do not see your question here, call me at 310-213-7711 or schedule a consultation online. I work with clients throughout California.
Disclaimer: This FAQ is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.
